New York DFS Issues Cyber Insurance Risk Framework
Written by: Charles R. Langhorne IV, Esq. Back in March the New York Department of Financial Services (“NY DFS”) issued Circular Letter No. 2 (2021) providing guidance to insurers offering cyber insurance in New York. The guidance pr
Approved CCPA Regulations and Appointees to CPRA Privacy Protection Agency
Written by: Brett Lawrence, Esq. 1. CCPA Regulations Effective as of March 15, 2021, California’s Office of Administrative Law approved additional California Consumer Privacy Act (“CCPA”) regulations. The regulations provide the following
French Supervisory Authority To Enforce Its Ad Tracker (“Cookie”) Guideline
Written by: Richard Sheinis, Esq. As of April 1, 2021, the French Supervisory Authority, Commision Nationale de l’Informatique et des libertes (“CNIL”) will enforce its cookie and ad tracker guidelines. CNIL had previously an
Federal District Court Dismisses Walmart Data Breach Class Action
Written by: Brett Lawrence, Esq. On March 5, 2021, the Federal District Court for the Northern District of California granted Walmart’s motion to dismiss the plaintiff’s class action lawsuit for exposed customer personal data. This was one o
Facebook Ordered to Pay $650 Million For Violation of Illinois’ Biometric Information Privacy Act
Written by: Richard Sheinis, Esq. The Biometric Information Privacy Act (“BIPA”) is an Illinois statute that prohibits the use of biometric identifiers or information without prior notification and written consent. Facebook ran i
Brazil and EU Data Breach Notification Guidance
Written by: Brett Lawrence, Esq. Brazil and the European Union recently issued further guidance on the procedures for handling and reporting a data breach. While Brazil finally published guidance before the law is to take effect, the European U
Canada Industry Group Releases Digital Advertising Policies
Written by: Charles R. Langhorne, IV, Esq. In 2020, Canada announced that its legislature was planning to revamp the existing federal legislation (PIPEDA). The understanding is that it will lead to a more GDPR-esque framework of data privacy. Th
Ecuador Data Privacy Law Debated in Congress
Written by: Brett Lawrence, Esq. Ecuador may soon be another country to enact general data privacy legislation. Introduced in September 2019, Ecuador’s Data Protection Bill (the “Bill”) nearly mirrors the European Union’s General Data Pr
5th Circuit Overturns $4.3 Million HIPAA Penalty
Written by: Brett Lawrence, Esq. On January 14, 2021, the United States Court of Appeals for the 5th Circuit overturned a $4.348 million fine issued by the Department of Health and Human Services (“HHS”) for alleged HIPAA violations against
FTC Settles Two Data Privacy Allegations
Written by: Brett Lawrence, Esq. Last month, the Federal Trade Commission (“FTC”) settled two allegations against two companies surrounding the unfair and deceptive use of facial recognition software and disclosure of health data. Everalbum,