iPhone close-up of appsIn 2010, Mark Zuckerberg famously stated that privacy was no longer a “social norm.”  Today, the Facebook founder is no doubt viewing social norms around privacy a bit differently, as are U.S. regulators and consumers.

On Wednesday, the Federal Trade Commission (FTC) confirmed that it agreed to a settlement with Facebook, Inc. stemming from Facebook’s alleged privacy violations in the Cambridge Analytica scandal.  In the settlement order (Order), Facebook agreed to pay a record-breaking $5 billion penalty to resolve the FTC’s claims that Facebook violated a prior FTC order by repeatedly using deceptive disclosures and settings to undermine users’ privacy preferences and allowing Facebook to share users’ personal information without prior consent with third party applications.

Continue Reading The FTC-Facebook Settlement Signals Major Shift in US Privacy Regulation

data privacyKey Point: The SHIELD Act increases the statutory penalties for knowing and reckless violations of the State’s data breach notification law. It also authorizes the NY Attorney General to pursue injunctive relief and monetary penalties against persons and businesses who fail to implement reasonable safeguards to protect New York residents’ private information.

On July 25, 2019, New York Governor Andrew Cuomo signed two bills related to data privacy and identity theft. In our June 24 post, we summarized the contents of the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act). The second signing was the Identity Theft Prevention and Mitigation Services bill. Highlights of the laws’ requirements and effective dates are described below.

Continue Reading New York Expands the Data Security Requirements and Increases the Data Breach Penalties for Entities Holding New Yorkers’ Private Information

digital keyKey Point: If signed by the Governor, the legislation will require entities doing business in New York to implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of private information.

As it closed its session, the New York legislature passed the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act). The bill, which the New York Attorney General’s (“AG”) office strongly supports, is now at the governor’s office for review. New York AG Letitia James stated New York will join the “increasing number of states that require reasonable data security protections, while being careful to avoid excessive costs to small business and without imposing duplicate obligations under federal or state data security regulations.”

If Governor Cuomo signs the bill, New York will build upon its existing data breach notification law, and add a new requirement for data custodians in the private and public sectors to adopt reasonable measures to safeguard sensitive data of New York residents.

Continue Reading New York Poised to Expand Data Security Requirements for Entities Doing Business in the State

data privacyOn July 11, Husch Blackwell’s privacy and data security practice group will host a webinar analyzing the Gramm-Leach-Bliley Act (GLBA) exemption in the California Consumer Privacy Act (CCPA). In this webinar, we will discuss the following topics:

  • History of the CCPA’s GLBA exemption
  • Analysis of the GLBA’s definition of nonpublic personal information and relevant definitions from implementing regulations
  • Hypothetical examples
  • Personal information sharing issues (both inter- and intra-company)
  • Identification of the exemption’s limitations

Click here for more information and to register.

Conceptual image about how a laptop computer with internet open a virtual door to worldwide information sharing.Key Point: The Illinois data breach notification statute will now require entities to notify the Illinois Attorney General if a breach affects 500 or more Illinois residents.

The Illinois General Assembly recently voted to approve an amendment to the state’s Personal Information Protection Act (“PIPA”) (815 ILCS 530/1 et seq.) with regards to companies’ and organizations’ obligations when a data breach occurs. Illinois Governor J.B. Pritzker is expected to sign the amendment into law. Continue Reading Illinois Legislature Passes Amendment to State’s Data Breach Notification Statute

data privacyIn March we published an extensive analysis of proposed bills that would amend or supplement the California Consumer Privacy Act (CCPA). With a number of those bills having either passed the Assembly or been withdrawn , it is a good time to update our analysis.

In the below post, we identify and analyze these bills. In doing so, we first provide a summary of where the legislative process stands. We then analyze the most significant proposed changes and takeaways. Finally, we provide a table linking to each bill, identifying the issue to which it is directed, and providing an analysis of the bill’s proposed changes.

Over the next few months, Husch Blackwell’s privacy and data security blog will continue to track these bills. Register here to stay up-to-date.

Continue Reading An Updated Deep Dive into Proposed Amendments to the CCPA

Texas flagThe 86th Texas Legislature passed several bills related to cybersecurity during its regular session, which came to a close on May 27, 2019.

Texas Privacy Protection Advisory Council

HB 4390, which creates a Texas Privacy Protection Advisory Council to study privacy laws in Texas, other states, and relevant foreign jurisdictions, has been sent to the Governor for signature. Composed of members of the Texas House of Representatives, Texas Senate, and relevant industry members appointed by the Governor, the Council will be charged with recommending statutory changes regarding privacy and protection of information to the Legislature. The Council will expire on December 31, 2020.

Continue Reading 86th Texas Legislature Passes Bills Related to Cybersecurity

On May 15, 2019, President Trump issued Executive Order 13873 (“E.O. 13873”) and declared a national emergency in response to increasing actions by “foreign adversaries” to create and exploit “vulnerabilities in information and communications technology and services” supplied to the U.S.  E.O. 13873 broadly prohibits persons subject to U.S. jurisdiction from engaging in information and communications technology or services transactions with “foreign adversaries” that: (i) pose undue sabotage or subversion risks to U.S. information and communications technology or services, (ii) pose an undue risk to critical U.S. infrastructure or the U.S. digital economy, or (iii) otherwise pose an unacceptable risk to U.S. national security.  Within one hundred fifty (150) days of E.O. 13873, the Secretary of Commerce, in consultation with other executive agencies, will issue formal rules or regulations which will identify the specific “foreign adversaries” who are subject to E.O. 13873’s prohibitions, establish criteria for determining the types of transactions that are prohibited by E.O. 13873 and establish procedures for obtaining licensing to conduct transactions that would otherwise be prohibited by E.O. 13873 and its associated rules and regulations.

Continue Reading President Trump Declares National Emergency over Technology Threats

data privacyThose who have spent time critically thinking about the California Consumer Privacy Act (CCPA), can undoubtedly identify a number of ambiguities and uncertainties. Some of those may be resolved through the current legislative amendment process or the forthcoming Attorney General interpretive regulations. However, notwithstanding those efforts, there likely will be many unresolved issues when the CCPA becomes effective.

Continue Reading Are Credit Unions Covered by the CCPA?