Governor John Carney signed Delaware’s updated breach notification law on August 17, 2017. The revised law, which will come into force on April 14, 2018, includes key changes to the definition of personal information, introduces credit monitoring obligations, and heightens notice requirements. The law will also create new general information security requirements. (more…)
State laws governing the collection and use of personal information continue to proliferate. The latest comes from New Jersey, which on July 21, 2017, signed into law legislation that restricts a merchant’s ability to collect personal data of shoppers and share such data with third parties. New Jersey’s Personal Information Privacy and Protection Act permits retailers to scan an identification card only for certain purposes—such as verifying the consumer’s identity—and requires retailers to store such data securely. Further, a retailer may not share the data with a third party unless the retailer discloses its data-sharing practices to the consumer. (more…)
Federal legislation on the regulation of self-driving cars may be gaining traction. The House Energy and Commerce Committee approved a bipartisan bill that would ease safety restrictions on self-driving cars and preempt state laws banning “highly automated systems” or self-driving vehicles to allow designers to test and deploy cars on the road. The Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act (the “SELF DRIVE Act”) bill passed the House Committee with a 54-0 vote. It would facilitate the release by automakers of 25,000 automated vehicles in the first year and up to 100,000 automated vehicles annually, starting in the third year after the bill’s effective date. (more…)
Businesses and consumers are increasingly using Internet of Things (“IoT”) devices to communicate and process quantities and types of information that have never before been captured. In response, more federal agencies are turning their attention to the potential risks, and developing guidance for the deployment of IoT technologies. The latest to weigh in on risks include the Governmental Accountability Office and the Department of Commerce. (more…)
On June 27, 2017, the Illinois General Assembly passed a bill seeking to limit the collection, use, retention, or disclosure of precise geolocation data from a mobile device without a person’s prior express and written consent. This notable bill, the Geolocation Privacy Protection Act (“GPPA”), is on its way to Illinois Governor Bruce Rauner’s desk – although it is unclear if it will be signed or vetoed. If signed, this bill would mark the first state geolocation privacy protection bill in the country—and represent the most stringent requirements related to geolocation data in the nation, potentially creating complex issues for the rapidly proliferating variety of mobile Internet of Things devices. (more…)
On June 20, 2017, the New York State Department of Financial Services (“NYDFS”) expanded its set of frequently asked questions (“FAQs”) and answers concerning its recently finalized Cybersecurity Regulations (23 NYCRR 500.01), which set forth minimum requirements for NYDFS-regulated entities to address cybersecurity risk. The now 17 questions included in the release address the types of entities that fall within the scope of the Regulations, the notice requirements attending a Cybersecurity Event (as defined in the Regulations), the annual certification requirement, and additional specific elements of the rules. (more…)
On Thursday, May 11, President Trump signed an executive order aimed at strengthening the cybersecurity of federal networks and critical infrastructure. The order is expected to prompt a broad examination of cybersecurity vulnerabilities at federal agencies and re-orient federal cybersecurity efforts toward modernization and shared services. The order also reaffirms the previous administration’s approach to cybersecurity protections for critical infrastructure – with increased emphasis on the power grid – and seeks to promote the growth and sustainment of the nation’s cybersecurity workforce in the public and private sectors. (more…)
On 6th April, 2017, the European Parliament adopted a resolution stating that there are deficiencies in the EU-US data transfer accord Privacy Shield which must be “urgently resolved” in order to give citizens and companies legal certainty. MEPs called on the EU Commission to conduct an assessment and to ensure that the Privacy Shield complies sufficiently with the EU Charter of Fundamental Rights and new EU data protection rules. (more…)
New Mexico has become the 48th state to enact a data breach notification law, which also includes data security requirements. The Data Breach Notification Act, signed by Governor Martinez on April 6, 2017, requires notification within 45 days of discovery of a security breach, or “unauthorized acquisition” of computerized personal information, subject to the needs of law enforcement. A security breach is also limited to unencrypted data or encrypted data when the decryption key is compromised. Personal data protected by the law includes Social Security numbers, driver’s license numbers, government-issued identification numbers, account, credit card or debit card number paired with the security code or other pin, and biometric data.
The National Association of Insurance Commissioners (NAIC) has created a new task force to monitor technology, data collection and Cybersecurity developments in the insurance industry. The Innovation and Technology (EX) Task Force (IT Task Force) was formed on March 9, 2017 and reports directly to the NAIC’s Executive Committee. The IT Task Force will appoint and oversee the work of the following NAIC groups: the Big Data Working Group, the Cybersecurity Working Group and the Speed-to-Market Working Group. According to the NAIC’s March 9, 2017 press release, the IT Task Force’s purpose is to help insurance regulators stay informed about technology-related developments, products and services in the insurance industry, including start-up companies, and to ensure they meet consumer expectations and ensure consumer protections. The press release notes that annual investment in insurance technology (InsurTech) has increased to more than $2.5 Billion and continues to grow.