On December 20, 2018, the Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (the SEC) released its report (the 2019 Report) setting forth its list of examination priorities for 2019 (the Exam Priorities).¹ OCIE announces its exam priorities annually to provide insights into the areas it believes present potentially heightened risk to investors or the integrity of the U.S. capital markets.² The Exam Priorities can serve as a roadmap to assist advisers in assessing their policies, procedures and compliance programs; testing for and remediating any suspected deficiencies related to the Exam Priorities; and preparing for OCIE exams.

Cybersecurity, Enforcement, FinTech, SEC

Ohio Adopts National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law

Jan 14 2019

Edward R. McNicholas and Thomas D. Cunningham

On December 19, 2018, Ohio adopted the National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law. By doing so, Ohio joins South Carolina as the second state to have adopted the Model Law and the fourth state – along with Connecticut and New York – to have enacted cybersecurity regulations for insurance companies. See CT Gen Stat § 38a-999b (2015); 23 NYCRR 500. (For more information on South Carolina’s adoption of the Model Law, see our prior coverage.)

Cybersecurity, Data Breaches, Financial Privacy, Information Security, Insurance, Legislation, Policy, U.S. State Law

HHS Releases Cybersecurity Guidance for Healthcare Organizations

Jan 08 2019

Meenakshi Datta, Kate Heinzelman and Rina Mady

On December 28, 2018, the U.S. Department of Health and Human Services (HHS) released a four-volume cybersecurity guidance document for healthcare organizations. The publication, “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients” (HICP), is the result of a government and industry collaboration mandated by the Cybersecurity Act of 2015. The HICP is not limited to individually identifiable health information but instead covers organizations’ enterprise-level information security more generally. HHS describes the publication as “practical, understandable, implementable, industry-led, and consensus-based voluntary cybersecurity guidelines to cost-effectively reduce cybersecurity risks for health care organizations of varying sizes.” Notwithstanding their voluntary nature, these HHS-backed cybersecurity recommendations are likely to serve as an important reference point for the industry.

Cybersecurity, Enforcement, Health Privacy, HHS, Information Security, Insurance, Policy

EU Commission Decision Reconciles Data Protection Rules with the Need for Effective Trade Defence and Trade Policy Investigations

Jan 02 2019

Wim Nauwelaerts and Paul Greaves

On December 17, 2018, European Commission Decision (EU) 2018/1996 (the ‘Decision’) was published in the Official Journal of the European Union. The Decision lays down rules designed to reconcile the rights of individuals respecting their personal data, with the need for effective trade defence and trade policy investigations in the EU.

Enforcement, European Union, Policy

Debate Continues on the Future of U.S. Privacy Regulation from California to Capitol Hill

Dec 27 2018

Cameron F. Kerry, Colleen Theresa Brown and Sheri Porath Rockwell

With the midterm election out of the way, legislators on Capitol Hill and in state capitols are getting ready to consider the future of data privacy regulation in 2019 and consumer and industry groups continue to weigh in on the ongoing debate. The debate has begun to move from principles and frameworks to drafting of legislative language.

Big Data, California, Children’s Privacy, Enforcement, Legislation, Online Privacy, Policy, State Privacy Laws

SEC Announces Examination Priorities for 2019

Ohio Adopts National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law

HHS Releases Cybersecurity Guidance for Healthcare Organizations

EU Commission Decision Reconciles Data Protection Rules with the Need for Effective Trade Defence and Trade Policy Investigations

Debate Continues on the Future of U.S. Privacy Regulation from California to Capitol Hill

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