The New Jersey Assembly on December 15 unanimously approved, by a vote of 75-0, a bill designed to better protect consumers from identify theft. Bill A3146, if approved by the Senate, would expand the state’s law to include disclosure of a breach of security of online accounts.
breach
FCC Seeks Comment on Exemption Petition Re: Breach Notification
Many of us have likely received a notification from our bank or credit card company concerning suspected fraud or improper charges. However, the legality of those messages is not always clear. To this end, on October 14, 2014, the American Bankers Association (Association) filed a petition for exemption requesting that the Federal Communications Commission (FCC)…
Video Interview: Discussing the FCC’s Recent Data Security Action with LXBN TV
Following up on our recent post on the subject, I had the opportunity to speak with Colin O’Keefe, Editorial Manager-LexBlog, on the FCC’s first foray into policing a cybersecurity incident. In the brief video interview, I explain what happened and what it could mean going forward. Special thanks to Colin, and LXBN TV, for…
FCC Issues First Data Security Fine
On October 24, 2014, the Federal Communications Commission (FCC) announced its intention to fine two telecom companies $10 million for several violations of laws protecting the privacy of phone customers’ personal information. This marks the FCC’s first data security case and the largest privacy action in the FCC’s history.
Delaware Joins List of States Regulating Data Disposal
On January 1, 2015, Delaware employers who dispose of records which contain the unencrypted personal identifying information of employees must take steps to ensure the privacy of such information. The bill, H.B. 294, was recently signed by Delaware’s Governor Jack Markell.
The new law defines personal identifying information as an employee’s first name…
Report Says Russian Hackers Stole 1.2 Billion Usernames and Passwords, But Don’t Let “Breach Fatigue” Take Hold
In what is believed to be the largest security breach to date, the Associated Press reported that Russian hackers have stolen 1.2 billion user names and passwords. According to the AP, Milwaukee security firm, Hold Security, learned of the breach, but has yet to provide details about the series of website hackings believed to have…
NY Department of Financial Services Proposes Virtual Currency Rule
The New York Department of Financial Services recently published proposed regulations which would require virtual currency businesses operating in New York State to safeguard data and protect customer privacy.
Notably, the proposed regulations include requirements for virtual currency business to maintain cyber security programs and business continuity and disaster recovery plans.
Virtual currencies under the…
Prepare For Increased HIPAA Fines
Since mid-2013, the Department of Health and Human Services has recovered more than $10 million from numerous entities in connection with alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”). However, during a recent American Bar Association conference, Jerome B. Meites, a chief regional civil rights counsel at the Department of Health and…
OCR Provides HIPAA “Lessons Learned” In Data Breach Report to Congress
An Office for Civil Rights (OCR) report issued this month reveals some interesting details about data breach activity under HIPAA, as well as some helpful reminders and recommendations for covered entities and business associates. Section 13402(i) of the HITECH Act requires the Secretary of Health and Human Services to submit a report to various Senate…
Florida Legislature Seeks to Overhaul Existing Data Security Law
On the heels of recent nationwide data breaches of consumer personal information, the Florida State Senate has proposed SB 1524, which if adopted will become effective on July 1, 2014, to revamp and replace existing state data security law and, in particular, impose a statutory requirement to safeguard personal information, reporting a breach to…

