Category

SEC

13 June 2016

SEC Interest in Cybersecurity Continues; Chair Views Cybersecurity as Biggest Risk to the Financial System

Securities and Exchange Commission Chair Mary Jo White emphasized the agency’s focus on cybersecurity preparedness and response at a conference in Washington, D.C. in mid May, stating “we can’t do enough in this sector.”  Reuters reports that Chair White views cybersecurity as the biggest risk facing the financial system, quoting her as saying that “what we [have] found…is a lot of preparedness, a lot of awareness but also….policies and procedures [that] are not tailored to [entities’] particular risks.”

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11 January 2016

Top Ten Data Protection and Privacy Issues to Watch in 2016

*This post originally appeared in Law360 on January 7, 2016.

While 2015 was a big year in data, 2016 may prove to be even bigger.  Many hot button and game changing topics are being debated in legislative bodies and campaign trails, regulators are focused, and privacy-related litigation continues to rise. Below, we count down the top ten cybersecurity, data protection and privacy issues to watch in 2016.

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08 December 2015

The FAST Act’s Cybersecurity and Privacy Provisions for the Electric Grid, Internet of Things, and Connected Cars

On Friday, December 4, President Obama signed the Fixing America’s Surface Transportation (“FAST”) Act, a $300 billion-plus highway and transportation law and the first comprehensive transportation spending law in a decade. Despite its title, the bill impacts a number of regulated sectors. Nestled within this 490-page law are 13 pages that pertain to cybersecurity and other protections for the electric grid. As detailed below, the FAST Act also includes a number of privacy and cybersecurity provisions relating to privacy notices by financial institutions as required by the Gramm Leach Bliley Act, event data records in vehicles, Internet of Things technologies, and connected cars.

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17 September 2015

SEC’s OCIE Cybersecurity Risk Alert Announces Cybersecurity Examination Initiative

On September 15, 2015, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert announcing a new Cybersecurity Examination Initiative. The Alert provides the agency’s areas of focus for its next round of cybersecurity examinations of broker-dealers and investment advisers.

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26 May 2015

Identifying the Standards: DOJ, SEC and FTC Offer Guidance for Cybersecurity Preparedness

Although a frequent topic of discussion on Capitol Hill, no single standard for private-sector cybersecurity programs has yet to emerge. The National Institute of Standards and Technology (NIST) Cybersecurity Framework is often considered foremost among existing guidance, but several other agencies are also expressing views, including the following recent guidance from the Department of Justice (DOJ), the Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC). Significantly, both the DOJ and FTC tout the advantages of cooperating with law enforcement after a data breach by noting that such cooperation may lead to “regulatory” benefits.

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