New York Governor Andrew M. Cuomo announced yesterday a new proposed regulation to address the growing threat posed by cyber-attacks. According to the State’s press release, the proposed regulation, which is subject to a 45-day notice and public comment period before final issuance, “aims 
to protect consumer data and financial systems from terrorist organizations and
3 Essential Steps For Responding To Ransomware Attacks
Likely because most victims comply with their demands, the incidence of attacks by ransomware hackers has exploded in 2016. Guidance issued by the U.S. Department of Health and Human Services (“HHS”) in July notes that, on average, there have been 4,000 reported ransomware attacks per day thus far in 2016, far exceeding the average of
Sharing of Passwords Under Certain Circumstances Unlawful
Many companies have experienced the departure of an employee and the elimination of that former employees access to the company’s computers and networks. In the recent case of USA v. Nosal, D.C. No. 3:08-cr-00237-EMC-1 (July 5, 2016), the Ninth Circuit Court of Appeals was presented with the following facts: Nosal, a former employee of
Smaller HIPAA Breaches To Get More Attention by Office for Civil Rights
The HIPAA breach notification rule has two buckets for classifying data breaches – those that involve “protected health information” (PHI) of 500 or more individuals and those that involve fewer than 500 individuals. Since the breach notification rule became effective, the Office of Civil Rights’ (OCR) focus has been on the 500 and over bucket.
Pokémon GO – Next Stop: Regulation & Litigation
As everyone is aware, the Pokémon GO craze has taken the world by storm in the past month. Reports estimate there have been over 75 million downloads of the digital game since the program became available on July 6. Apple has not issued any concrete numbers, but has confirmed that it was the most downloaded
HIPAA and $15 Million in 2016
For years, many questioned whether the HIPAA privacy and security rules would be enforced. The agency responsible for enforcement, Health and Human Services’ Office for Civil Rights (OCR), promised it would enforce the rules, but just after a period “soft” enforcement and compliance assistance. That period appears to be ending. During the first seven months
The Privacy Shield Is Finally Here
Earlier today the European Union and U.S. officials announced the final approval of the EU-U.S. Privacy Shield data transfer agreement (“the Privacy Shield”). Beginning August 1, 2016, organizations based in the U.S. will be able to self-certify their compliance with the Privacy Shield.
The Privacy Shield is meant to replace the EU-U.S. Safe Harbour agreement
5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way
While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms.
This shift was triggered by media coverage of the breach and leak of the Panama Papers, and by reports that, in 2015, hackers breached the networks
Illinois Enacts Amendments to the Personal Information Protection Act
Last month, Illinois Governor Bruce Rauner signed into law a number of amendments to the State’s Personal Information Protection Act (“PIPA”) that expand the definition of protected personal information and increase certain data breach notification requirements. The amendments, highlighted below, take effect January 1, 2017.
Currently, “personal information” is limited to an individual’s first name
European Parliament: EU-U.S. Privacy Shield Needs Further Improvement
Earlier today, the European Parliament passed a non-legislative resolution saying the EU Commission should go back to negotiating with the United States to remedy “deficiencies” in the proposed EU-U.S. Privacy Shield for EU citizens’ data which is transferred to the US for commercial purposes.
The resolution, which passed by a vote of 501-119, with 31