A proposal by Indiana’s Attorney General Curtis Hill on Wednesday would add a significant step in the incident response process for responding to breaches of security affecting Indiana residents. On Wednesday, during a U.S. Chamber of Commerce virtual event, he announced his proposed rule designed to better protect Hoosiers from cyberattacks. It is expected that
data breach
Michigan Considers Enhanced Data Breach Notification Law
Privacy and security continue to be at the forefront for legislatures across the nation, despite (or perhaps because of) the COVID-19 pandemic. In late May, with back-to-back amendments, Washington D.C. and Vermont significantly overhauled their data breach notification laws, including expansion of the definition of personal information, and heightened notice requirements. Now, Michigan may follow…
OCR Warns HIPAA Covered Entities: When You Learn About HIPAA Violations, Fix Them
Roger Severino, Director of the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), provides advice for HIPAA covered health care providers:
When informed of potential HIPAA violations, providers owe it to their patients to quickly address problem areas to safeguard individuals’ health information
According to OCR allegations,…
California Attorney General Issues CCPA FAQs
With the California Consumer Privacy Act (CCPA) now in effect (January 1, 2020) and enforceable by California’s Attorney General (“AG”) (July 1, 2020), the AG has published Frequently Asked Questions (FAQs). Designed to aid consumers in exercising their rights under the CCPA, the FAQs also contain helpful reminders for businesses and service providers regarding…
CCPA 2.0 – More Privacy Legislation in the Golden State?
Most companies continue to grapple with compliance with the California Consumer Privacy Act (“CCPA”), which went into effect in January. Companies have overhauled their privacy programs and policies and designed new systems to comply with the CCPA.
Now, the privacy-right activist group that sponsored the CCPA – Californians for Consumer Privacy – is pushing for…
Vermont Updates its Data Breach Notification Law
As the COVID-19 pandemic presses on, privacy and security matters continue to be at the forefront for federal and state legislature. We recently reported that Washington D.C. updated its data breach notification law. Now, the Vermont legislature also amended its data breach notification law, with significant overhauls including expansion of its definition of personal information,…
Washington D.C. Significantly Overhauls its Data Breach Notification Law
In the midst of COVID-19 challenges, privacy and security matters continue to be at the forefront for federal and state legislature. In late March, the Washington D.C. (“D.C.”) legislature amended its data breach notification law, with significant overhauls including expansion of its definition of personal information, updates to notification requirements and new credit monitoring obligations.…
UK and US Issue Joint Cybersecurity Alert Concerning Explosion of COVID-19 Phishing Attacks
In the US, many organizations anxiously awaiting assistance under the CARES Act are becoming the targets of cyberattackers looking to feed off of the massive relief being provided by the US treasury. Yesterday, the United States Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) and the United Kingdom’s National Cyber Security Centre (NCSC) issued a joint alert warning of a substantial increase in these attacks, providing helpful guidance concerning the nature of the attacks and related information.
Specifically, the alert provides information on exploitation by cybercriminal and advanced persistent threat (APT) groups of the current coronavirus disease 2019 (COVID-19) global pandemic. It includes a non-exhaustive list of indicators of compromise (IOCs) for detection as well as mitigation advice. The alert notes that the surge in teleworking has increased the use of potentially vulnerable services, such as virtual private networks (VPNs), amplifying the threat to individuals and organizations.
Organizations may not be able to prevent all attacks, but there are steps they could take to minimize the chance and impact of a successful attack, and to be prepared to respond. Here are just a few of those steps.
Before an Attack
- Build the right team
- Ensure you have an IT team in place, whether internal or through a third-party vendor, that is well-versed in emerging threats and prepared to support the organization in the event of an attack.
- Secure the systems
- Conduct a risk assessment and penetration test to understand the potential for exposure to malware.
- Implement technical measures and policies that can prevent an attack, such as endpoint security, multi-factor authentication, regular updates to virus and malware definitions/protections, intrusion prevention software and web browser protection, and monitor user activity for unauthorized and high risk activities.
- Make your employees aware of the risks and steps they must take in case of an attack
- This is particularly critical now – educate employees on how to recognize phishing attacks and dangerous sites — say it, show them, and do it regularly. This includes instructing them to use caution when clicking directly on links in emails, even if the sender appears to be known — verify web addresses independently.
- Employees should avoid revealing personal or financial information about themselves, other employees, customers, and the company in email, including wiring instructions. If they must, they should confirm by phone.
- Direct employees to pay attention to the URL of a website. Malicious websites may look identical to a legitimate site, but the URL may use a variation in spelling or a different domain (e.g., .com vs. .net).
- Instruct employees on what to do immediately if they believe an attack has occurred (e.g., notify IT, disconnect from network, and other measures) and what not to do (e.g., deleting system files, attempting to restore the system to an earlier date, and the like).
- Maintain backups
- Backup data early and often.
- Keep backup files disconnected from the network and in separate locations.
- Develop and practice an “Incident Response Plan”
- Identify the internal team (e.g., leadership, IT, general counsel, and HR).
- Identify the external team (e.g., insurance carrier, outside legal counsel, forensic investigator, and public relations).
- Outline steps for organizational continuity — using backup files and new equipment, safeguarding systems, and updating employees.
- Plan to involve law enforcement (e.g., FBI, IRS, Office of Civil Rights, and so on).
- Plan to identify, assess, and comply with legal and contractual obligations.
- Practice the response plan with the internal and external teams, reviewing and updating the plan to improve performance.
After an Attack
Continue Reading UK and US Issue Joint Cybersecurity Alert Concerning Explosion of COVID-19 Phishing Attacks
California AG Urges Congress Not to Preempt the CCPA
Earlier this month, California Attorney General (“AG”) Xavier Becerra sent a letter to several members of U.S. Congress, providing an update on the implementation of the newly effective California Consumer Privacy Act (CCPA), and urging Congress not to enact a federal law that would preempt the CCPA and other state consumer privacy measures. Instead, AG…
New York SHIELD Act FAQs

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