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…
Category: State/Local
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…
Indiana Amends State Data Breach Notification Law
On March 18, 2022, Indiana Governor Eric Holcomb signed into law an amendment to Indiana’s data breach notification statute. The amendment requires notification of a data breach to affected individuals and the Indiana Attorney General without unreasonable delay, but no later than forty-five (45) days after discovery of the breach. The amendment will take effect on July 1, 2022….
Rattled by RIPTA breach that affected 22,000, lawmakers propose policy changes
Antonia Noori Farzan reports: Lawmakers say that last year’s breach of Rhode Island Public Transit Authority computer systems highlighted glaring problems with the way the state responds to the theft of people’s personal data. […] DiPalma’s bill, S 2664, is designed to expand the protections and reporting requirements outlined in the Identity Theft Protection Act of 2015. A companion bill, H…