WHTM reports: Pennsylvania Senator Kristin Phillips, who chairs the technology committee, held a hearing on June 7 about a proposal to require prompt disclosure whenever there is a data breach within the state government. In her opinion, the state should have revealed the unemployment and contact tracing breaches that took place. “Citizens are tired of…
Category: State/Local
California Attorney General Reminds Health App Providers of Obligations to Protect Reproductive Health Information
Hunton Andrews Kurth writes: On May 26, 2022, California Attorney General Rob Bonta issued a press release reminding health app providers that California’s Confidentiality of Medical Information Act (“CMIA”) applies to mobile apps that are designed to store medical information, which includes health apps such as fertility trackers. The press release reminds health app providers that the…
Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing
James Bogan III of Kilpatrick Townsend & Stockton LLP writes: Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021), in which the court, ruling on an issue of first impression, set out a non-exhaustive three-factor test for determining…
Mint gets data breach claims dismissed
Alyssa M. Sones of SheppardMullin writes about a data breach lawsuit with a somewhat different, albeit unsuccessful, approach. Sones explains: Fraser’s allegation that Mint had a role in helping the hacker gain control of his phone number sets this case apart from the typical data breach case….. Fraser alleges that Mint allowed Fraser’s number to…
Two States Enact Insurance Data Security Laws
Hunton Andrews Kurth writes: In April 2022, two states enacted insurance data security legislation based on the National Association of Insurance Commissioners (“NAIC”) Insurance Data Security Model Law (MDL-668). Kentucky Governor Andy Beshear signed HB 474 into law on April 8, 2022, and Maryland Governor Larry Hogan signed SB 207 into law on April 21, 2022. The new laws establish…
North Carolina Becomes First State to Prohibit Public Entities from Paying Ransoms
Hunton Andrews Kurth writes: On April 5, 2022, North Carolina became the first state in the U.S. to prohibit state agencies and local government entities from paying a ransom following a ransomware attack. North Carolina’s new law, which was passed as part of the state’s 2021-2022 budget appropriations, prohibits government entities from paying a ransom to…