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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Texas Limits Punitive Damage Liability For Data Security Breach...more
The proposed New York Health Information Privacy Act (NYHIPA), currently awaiting Governor Kathy Hochul’s signature, represents a major step in the state’s approach to protecting personal health data in the digital age. At...more
The NJ Data Privacy Act takes effect tomorrow. The New Jersey Data Privacy Act is set to take effect tomorrow, January 15. The NJDPA was signed into law by Gov. Phil Murphy (D) on January 16, 2024. The NJDPA is similar to...more
In response to several high-profile cybersecurity incidents affecting hospitals and other health care providers, including the Change Healthcare breach, new federal legislation was recently introduced by Senators Ron Wyden...more
New York recently passed new cybersecurity regulations for hospitals licensed in New York to enhance patient safety and cybersecurity....more
On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain postsecondary educational...more
A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more
Efforts to Address the Lack of Federal Data Privacy Legislation in the U.S. Have Continued - The need for federal data privacy legislation was reiterated in the House Energy and Commerce Committee’s Subcommittee on...more
Texas is joining a growing number of states in passing comprehensive privacy legislation intended to safeguard consumer personal data. Specifically, the Texas Data Privacy and Security Act (the “Act”) adds protections for...more
An amendment to the Health Information Technology for Economic and Clinical Health (HITECH) Act was signed into law on Jan. 5, 2021, directing U.S. Health and Human Services (HHS) to consider "recognized security practices"...more
In addition to recently passing a cybersecurity safe harbor law, Connecticut also updated its data breach notification law. Connecticut joins Texas in passing changes to breach notification requirements this year. There are...more
In enacting the Cybersecurity Affirmative Defense Act, HB80, (Act) on March 11, 2021, Utah became the second state in the U.S. to create affirmative defenses for “persons” to certain causes of action arising out of a breach...more
States continue to enhance and expand their breach notification requirements, increasing the scope of breaches that require notice as well as the complexity of compliance. Four jurisdictions—Vermont, the District of Columbia,...more
City of Durham, NC Hit With Ryuk Ransomware - Another city—Durham, North Carolina—has become the victim of a ransomware attack stemming from a Russian hacker group following a successful phishing scheme. After falling...more
Time is running out. The effective date of New York’s cybersecurity law mandating that organizations implement an information security program to protect “private information” of New York State residents, including employee...more
Effective October 23, 2019 for changes in data breach notification requirements, and March 21, 2020 for new data security requirements, New York’s “Stop Hacks and Improve Electronic Data Security Act” (SHIELD Act) broadens...more
On January 1st, South Carolina became the first state to adopt the model insurance data security law requiring certain insurance licensees to investigate and report cybersecurity events in the state of South Carolina. The law...more
Effective November 2, 2018, companies that suffer a breach may have certain defenses in Ohio if they have a written cybersecurity program in place. Under this new law, companies can use as an affirmative defense the existence...more
On June 28, a new law took effect in California that gives California residents greater control over the collection and processing of their personal information. The law, called The California Consumer Privacy Act of 2018...more
With the recent enactment of data breach notification laws in South Dakota and Alabama, all 50 US states now have laws regulating data breach notification. We’ve updated the Mintz Matrix (maintained by the Mintz Privacy Team...more
On March 21, 2018, South Dakota Governor Daugaard signed S.B. 62, enacting the state’s first data breach notification law, which will go into effect July 1, 2018. Previously, Alabama and South Dakota were the only U.S. states...more
With no Congressional consensus to adopt a federal data privacy and breach notification statute, states are updating and refining their already-existing laws to enact more stringent requirements for companies. Two states...more
On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard...more