Consumer privacy issues are as a hot as ever, and on the radar of the state and federal legislature alike. Following in the footsteps of California, and most recently Virginia and Colorado, Ohio introduced a comprehensive consumer privacy bill, the Ohio Personal Privacy Act (the “Act”). By introducing the Act, Ohio follows the growing nation-wide
In 2018, the California Consumer Privacy Act (“CCPA”), which provides for an expansive array of privacy rights and obligations, was enacted. At the time, it was reasonable to wonder whether California’s bold example would catalyze similar activity in other states. It’s clear now that it has. Virginia recently passed its own robust privacy law,…
North Dakota’s State Board of Higher Education recently implemented the Student Data Privacy and Security Bill of Rights (the “Policy”). The Policy, which went into effect on May 29, 2020, was created by the North Dakota Student Association to facilitate students’ access to their Personally Identifiable Information (“PII”), and to regulate the North Dakota University…
Over the past few months, businesses across the country have been focused on the California Consumer Privacy Act (CCPA) which dramatically expands privacy rights for California residents and provides a strong incentive for businesses to implement reasonable safeguards to protect personal information. That focus is turning back east as the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), becomes effective in less than two weeks. With the goal of strengthening protection for New York residents against data breaches affecting their private information, the SHIELD Act imposes more expansive data security and updates its existing data breach notification requirements.
This post highlights some features of the SHIELD Act. Given the complexities involved, organizations would be well-served to address their particular situations with experienced counsel.
When does the SHIELD Act become effective?
The SHIELD Act has two effective dates:
- October 23, 2019 – Changes to the existing breach notification rules
- March 21, 2020 – Data security requirements
Which businesses are covered by the SHIELD Act?
The SHIELD Act’s obligations apply to “[a]ny person or business which owns or licenses computerized data which includes private information” of a resident of New York. Previously, the obligation to provide notification of a data breach under New York’s breach notification law applied only to persons or businesses that conducted business in New York.
Are there any exceptions for small businesses?
As before the SHIELD Act, there are no exceptions for small businesses in the breach notification rule. A small business that experiences a data breach affecting the private information of New York residents must notify the affected persons. The same is true for persons or businesses that maintain (but do not own) computerized data that includes private information of New York residents. Persons or businesses that experience a breach affecting that information must notify the information’s owner or licensee.
However, the SHIELD Act’s data security obligations include some relief for small businesses, defined as any person or business with:…
Continue Reading New York SHIELD Act FAQs
As we’ve previously reported, the New York Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act”) goes into effect on March 21, 2020. The SHIELD Act, which amends the State’s current data breach notification law, imposes more expansive data security and data breach notification requirements on companies, in the hope of ensuring…
An increasing number of companies have adopted Bring Your Own Device (“BYOD”) programs. Under a BYOD program, companies permit employees to connect their personal devices (e.g. laptops, smartphones, and tablets) to the company’s networks and systems to complete work-related duties. In contrast, under Corporate Owned Personally Enabled (“COPE”) programs, companies purchase and provide devices and…