Category

Legislation

14 February 2019

Health Sector Council Released Cybersecurity Recommendations for Medical Devices and Health IT

On January 28, 2019, the Healthcare and Public Health Sector Coordinating Council released the “Medical Device and Health IT Joint Security Plan” (“JSP” or “Plan”)—cybersecurity recommendations for medical device manufacturers, healthcare information technology vendors, and healthcare providers.  U.S. Government entities, including the FDA, participated in the development of the Plan.   The JSP comes close on the heels of the “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients,” a similar effort by a public-private partnership to provide cybersecurity guidance to healthcare industry stakeholders. (more…)

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11 February 2019

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

On December 28, 2018, Michigan adopted the National Association of Insurance Commissioners’ (NAIC) Insurance Data Security Model Law in the form of Michigan H.B. 6491 (Act). By doing so, Michigan joins Ohio and South Carolina as the third state to adopt the Model Law and the fifth state – along with Connecticut and New York – to have enacted cybersecurity regulations focused on insurance companies. See CT Gen Stat § 38a-999b (2015); 23 NYCRR 500. (Please see our prior coverage for more information on Ohio and South Carolina’s adoption of the Model Law).  Moreover, adoption of the Model Law is still gaining steam with Rhode Island potentially next in line.

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22 January 2019

Transfers of Personal Data from the EU to the U.S. in the Event of a Brexit ‘No-Deal’

The EU-U.S. Privacy Shield (“Privacy Shield”) enables the free-flow of personal data from the European Economic Area (“EEA”) to the U.S. Under the Privacy Shield, U.S. participant organisations commit to adhering to Privacy Shield principles, which include accountability for the onward transfer of personal data after receiving such data from EEA organisations, data integrity obligations and purpose limitations with respect to the personal data transferred. Privacy Shield participant organisations are also required to develop and maintain a Privacy Shield-compliant privacy policy which informs individuals of the organisation’s practices and procedures when handling personal data and explains the independent recourse mechanisms in place for individuals to address complaints with respect to the processing of their personal data.  (more…)

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14 January 2019

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

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.)  (more…)

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03 January 2019

Spain’s New Data Protection Act Now in Force

When the GDPR came into effect on May 25, 2018, several European Member States had yet to put in place further implementing legislation.  And while the data protection world watches and eagerly digests each new interpretive guidance from data protection authorities, Member State legislation provides additional interpretive tones of harmony or discord in data protection across Europe.  After much delay and almost seven months after the EU’s General Data Protection Regulation (“GDPR”) came into force, the Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”) – which implements the GDPR in Spain – entered into force on 7 December 2018. (more…)

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27 December 2018

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

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.

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03 December 2018

Privacy Legislation Could Provide Common Ground for the Newly Divided Congress

*This article first appeared in the Hill.com on November 19, 2018

With the House having now flipped, policy consensus in Congress is not likely to get any easier. But there is one subject around which countries, companies, consumers and, yes, even Congress is increasingly converging. That issue is privacy. The new privacy zeitgeist follows years of data breaches as well as new concerns about invisible data collection, political micro-targeting and manipulation, the proliferation of internet-connected devices, and a potential lack of transparency in the decisions that machines increasingly make about us.

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26 November 2018

The Fifth Edition of The Privacy, Data Protection and Cybersecurity Law Review is Available

The fifth edition of The Privacy, Data Protection and Cybersecurity Law Review takes a look at the evolving global privacy, data protection and cybersecurity landscape in a time when mega breaches are becoming more common, significant new data protection legislation is coming into effect, and businesses are coming under increased scrutiny from regulators, Boards of Directors and their customers. Several lawyers from Sidley’s global Privacy and Cybersecurity practice have contributed to this publication. (more…)

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01 November 2018

Ohio Law Recognizes Safe Harbor in Data Breach Litigation

Companies with robust cybersecurity programs may still be vulnerable to attack. A new, first-of-its-kind law in Ohio now recognizes this fact. On November 1, 2018, the Ohio Data Protection Act (SB 220) establishes a safe harbor from state tort actions in data breach cases for entities that have developed an information security program with “administrative, technical, and physical safeguards for the protection of personal information and that reasonably conforms to an industry recognized cybersecurity framework.” Without establishing minimum cybersecurity standards, the Ohio law affords defendants an “affirmative defense” against state tort actions and establishes an important precedent that may serve as a model for other states and the federal government to follow. (more…)

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