South Dakota Becomes 49th State to Enact a Data Breach Notification Law
On March 21, Governor Daugaard of South Dakota signed SB 62, making South Dakota the 49th state to enact a data breach notification statute (leaving only Alabama without a state data breach law). South Dakota’s attorney general issued a statement after the law was signed, observing that the connected … Read More
Internet of Toys Enforcement: VTech Agrees to COPPA Settlement
On January 8, the FTC announced a settlement with VTech (a maker of electronic children’s toys) for violations of COPPA, adding to the regulatory activity mounting in the last few years around the Internet of Toys. The company agreed to pay $650,000 to settle allegations that its Kid Connect app … Read More
D.C. Circuit Widens the Split on Standing in Data Breach Cases After Spokeo
The D.C. Circuit recently widened a significant circuit split regarding standing in data breach cases by overturning a district court’s dismissal of a complaint for lack of standing. See Attias v. CareFirst, Inc., D.C. Cir. No. 16-7108.
Courts have long been occupied by the question of whether the … Read More
NYDFS Issues FAQs for Recently Issued Cybersecurity Regulations
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 … Read More
President Trump Signs Executive Order on Cybersecurity at Federal Agencies
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 … Read More
NYDFS issues final cybersecurity regulations, setting new industry standard for cybersecurity controls
On February 16, 2017, the New York State Department of Financial Services (the “NYDFS”) issued its final regulations setting forth minimum requirements for NYDFS-regulated entities to address cybersecurity risk (“Final Regulations”). The NYDFS issued the Final Regulations after considering feedback and criticism received during two comment periods — one following … Read More
NYDFS Revises Cybersecurity Regulations Incorporating Risk-Based Approach; Maintains Prescriptive Requirements and Certifications
On December 28, 2016, the New York State Department of Financial Services (the “NYDFS”) issued revised proposed regulations setting forth minimum requirements for NYDFS-regulated entities to address cybersecurity risk (“Revised Proposed Regulations”). The NYDFS issued the Revised Proposed Regulations after considering feedback and criticism submitted during a 45-day comment period … Read More
Senate Passes Cybersecurity Legislation, Differences to be Worked Out with House Bills
On October 27, 2015, the Senate passed S. 754, the Cybersecurity Information Sharing Act (“CISA”), with bi-partisan support. Although some raised privacy concerns, CISA received backing from the Administration and support from many industry participants. The Senate bill must be reconciled with similar bills in the House (H.R. 1560 … Read More
Investment Adviser Charged by SEC for Failing to Adopt Proper Cybersecurity Policies
On September 22, 2015, the SEC announced that R.T. Jones Capital Equities Management, a St. Louis-based investment adviser, settled charges with the SEC for failing to establish cybersecurity policies and procedures as required by the SEC’s safeguards rule. In July 2013, R.T. Jones was the victim of a cybersecurity breach … Read More