Marianne Kolbasuk McGee A pending federal regulation – called for under the HITECH Act – that would allow regulators to share with breach victims money collected in HIPAA violation cases eventually could have implications in class-action breach lawsuits, says privacy attorney Adam Greene. The Department of Health and Human Services’ Office for Civil Rights “is working on a new…
Category: Legislation
AU data breach notification bill receives bipartisan backing
Rohan Pearce reports: Australia is a step closer to having a mandatory data breach notification regime, after a bill to create such a scheme today received bipartisan support in the House of Representatives. The government introduced the Privacy Amendment (Notifiable Data Breaches) Bill 2016 in October. The bill has yet to be introduced in the Senate. Under the…
Data Breach Notification In the EU: A Comparison of US and Soon-To-Be EU Law
David A. Zetoony, Joshua A. James, Jena M. Valdetero, and Christopher M. Achatz of Bryan Cave provide an overview of significant differences between U.S. breach notification laws and the EU’s General Data Protection Regulation (“GDPR”). Here’s a snippet from their analysis: That said, there are several significant differences including: Type of Information Governed. Data breach notification laws in the United States apply…
Summer Round-Up: Four States Bolster Data Breach Notification Laws and More Changes on the Way
Michael B. Katz and Cynthia J. Larose of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. write: … According to a recent summary published by the National Conference of State Legislatures, more than 25 states in 2016 have introduced or are currently considering security breach notification bills or resolutions. While much legislation remains pending in statehouses across the…
Rhode Island Attorney General Pushing For A State-Level CFAA That Will Turn Researchers, Whistleblowers Into Criminals
Tim Cushing reports that not satisfied to rest on his laurels in the Really Bad Ideas Department, Rhode Island Attorney General Peter F. Kilmartin is behind a legislative proposal that amounts to a very bad state-level version of the federal hacking statute, CFAA. Tim writes: Here’s the worst part of the suggested amendments: Whoever intentionally and without authorization or in…
Retailers battle financial sector over lame data breach legislation that they think is too strong?
Cory Bennett reports: Retailers on Tuesday doubled down on their opposition to a data breach notification bill favored by financial firms. The Retail Industry Leaders Association (RILA), one of the sector’s largest trade groups, argued in a letter to House leadership that the measure would be unfair to large swaths of the economy. The bill,…