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Articles by Heather McArn
New York City's Tenant Data Privacy Act | JD Supra
The New York City Tenant Data Privacy Act (TDPA) was passed on May 28, 2021. Scheduled to go into effect on July 29, 2021, the law addresses a number of perceived privacy-related issues concerning smart access systems in multifamily buildings. To whom does it apply? The law will affect three groups of people: owners of smart access buildings, tenants of smart access buildings and their guests, and third-party entities that install or operate the smart access system for such buildings.
New York City Biometric Identifier Law Goes into Effect | JD Supra
On January 10, 2021, the New York City Council enacted a biometric identifier information law. The law went into effect on July 9, 2021. What type of information is covered? The law covers biometric identifier information, which is a physiological or biological characteristic used to identify an individual. Such biometric information includes, but is not limited to, a retina or iris scan, a fingerprint or voiceprint, or a hand or face geometry scan.
Encrypt Consumer Data When Your Privacy Policy Says You Encrypt Consumer Data | JD Supra
Once again, we see that inaccurate information in a privacy policy can land an organization in hot water. On June 7, 2021, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass pertaining to its "one movie per day" subscription plan.
Nevada Seeks to Broaden Online Privacy Laws | JD Supra
On May 25, 2021, the Nevada legislature passed Senate Bill 260, which would amend the state's online privacy notice statutes. Sponsored by Nevada Senator Nicole Cannizzaro, the Bill will broaden Nevada's existing right to opt-out of sales of covered information. In the Bill, the definition of "sale" is amended to expand the types of activity that could be considered sales, providing greater protection to Nevada residents.
Privacy Bill Essentials: Proposed Federal Children and Teens' Online Privacy Protection Act | JD Supra
In an effort to strengthen protections relating to the online collection, use, and disclosure of personal information of children and minors, U.S. Senators Edward J. Markey of Massachusetts and Bill Cassidy of Louisiana introduced the Children and Teens' Online Privacy Protection Act (the Act) on May 11, 2021. If signed into law, the bill would amend the Children's Online Privacy Protection Act of 1998 (COPPA) by expanding protections to minors ages 13 to 15.
Shh, Your Speaker is Listening: California Considers Consumer Privacy Protections for Smart Speaker Devices | JD Supra
Existing California law regulates the operation of voice recognition features for smart televisions. Manufacturers and their contracting third parties, for example, are prohibited from selling or using—for any advertising purpose—actual recordings of spoken words collected for a specified purpose through the operation of a voice recognition feature.
Privacy Bill Essentials: Alaska | JD Supra
A comprehensive data protection and privacy bill (SB 116, HB 159) has been introduced in Alaska. Similar to the California Consumer Privacy Act (CCPA) and other recently proposed state laws, the Alaska Consumer Data Privacy Act (the Act) would give Alaskan consumers more control over their personal information, impose a series of requirements on covered business, and create a limited private right of action.
Iowa Becomes the Latest State to Adopt the NAIC Model Cybersecurity Law | JD Supra
On April 30, 2021, Iowa Governor Kim Reynolds signed into law the Iowa Insurance Data Security Act, making Iowa the latest state to adopt the National Association of Insurance Commissioner's model cybersecurity law.
Privacy Bill Essentials: West Virginia HB 3159 | JD Supra
* Update - West Virginia House Bill 3159 died when West Virginia legislature adjourned on Saturday, April 10, 2021, after 60 days in session. West Virginia Republicans introduced House Bill 3159 on March 15, 2021. The Bill would protect consumer data by providing a right to opt-out of the sale or sharing of personal information, the right to request a copy of the personal data collected twice a year, and the ability to request deletion or correction of certain personal information.
FTC Lessons Learned: Corporate Board Oversight | JD Supra
The Business Alert On April 28, 2021, the FTC issued a business alert reminding corporate boards to make data security a priority and to advocate implementing a top-down approach to the issue.
Maine Enacts NAIC-Inspired Cybersecurity Law | JD Supra
Maine has become the latest state to adopt a version of the National Association of Insurance Commissioners (NAIC) model cybersecurity law.
NY DFS Announces Insurers Diversity Efforts Will be Reviewed in Examination Process | JD Supra
The New York State Department of Financial Services (DFS) recently issued Insurance Circular Letter No. 5 outlining its expectation that NY-regulated insurers make the diversity of their leadership a business priority and a key element of their corporate governance. Questions related to diversity-related efforts will be integrated into DFS’ insurer examination process starting in 2022.
New York DFS Fines Mortgage Lender $1.5M for Failure to Report Cyber Breach | JD Supra
The New York State Department of Financial Services (DFS) announced its second enforcement action and first settlement under its cybersecurity regulations (23 NYCRR Part 500). At issue was a licensed mortgage lender's failure to report a "Cybersecurity Event" to DFS within 72 hours of its occurrence and failure to conduct a "comprehensive" cybersecurity risk assessment as mandated by the regulations.
Connecticut Extends Deadlines to Comply with Insurance Data Security Law, New York Approved as a Safe Harbor Jurisdiction | JD Supra
We previously reported that the Connecticut Insurance Department had issued Bulletin IC-42 to all licensees, providing guidance for compliance with the State's Insurance Data Security Law (the Act). However, in light of the impact of the COVID-19 pandemic Governor Lamont extended the effective date of the law to April 19, 2021.
Following Fair Lending Investigation, NYS DFS Issues Report, Recommendations, and Mortgage Lender Best Practices | JD Supra
The New York State Department of Financial Services (DFS) issued a report on February 4, 2021, detailing its investigation of the mortgage lending market in the Buffalo metropolitan area. The report includes findings about a "distinct lack of lending" by mortgage lenders, particularly nonbank lenders, in neighborhoods with majority-minority populations and to minority homebuyers in general.
New NYS DFS Cyber Insurance Risk Framework Warns Against Ransom Payments, Includes Notice to Law Enforcement Policy Requirement | JD Supra
The New York State Department of Financial Services (DFS) has issued guidance imposing rigorous cyber risk measurement and management practices on NY-regulated property/casualty insurers that write cyber insurance. The guidance also recommends against insurers making ransomware payments, noting recent FBI warnings and OFAC guidance that insurers can be held liable for ransomware payments to sanctioned entities.
Virginia Contemplates Sweeping New Data Protection Law | JD Supra
A comprehensive data protection and privacy bill, titled the Consumer Data Protection Act, has been introduced in the Virginia state senate. With notable exceptions the proposal contains privacy and cybersecurity provisions similar to those contained in the California Consumer Privacy Act, the California Privacy Rights Act, and the E.U.'s General Data Protection Regulation. The bill would create a number of personal data rights for consumers.
Proposed North Dakota Law Would Require Consent for User Data Sales, Authorize Private Right of Action with Steep Minimum Damages | JD Supra
A proposed bill in the North Dakota House of Representatives would prohibit the sale by a covered entity of a user's protected data without consent. The bill, which was sponsored by four Republican state representatives, has been referred to the Industry, Business and Labor Committee.
Six Information Security Tips to Mitigate the Risk of a SolarWinds-Like Breach | JD Supra
The impacts and implications of the recent SolarWinds breach are widespread and on-going. SolarWinds' network-monitoring and management software was used by customers worldwide—including the U.S. military, Fortune 500 companies, government agencies, and educational institutions—to manage their own computer systems. The apparent expert consensus is that Russia used SolarWinds' hacked program to infiltrate roughly 18,000 government and private networks.
FTC Settlement with Photo Storage App Provides Cautionary Tale About the Importance of Complying with Your Own Privacy Policy | JD Supra
It is privacy policy 101 to say what you do and do what you say. Valuable lessons can be learned about this best practice from the proposed settlement announced between the Federal Trade Commission (FTC) and California-based photo app developer Everalbum, Inc. regarding its Ever app, a photo storage and organization application.
Proposed Biometric Privacy Law with Private Right of Action Introduced in New York | JD Supra
A dedicated biometric privacy law has been introduced by legislators in the New York State Assembly. The bill, titled the Biometric Privacy Act, would apply to private entities that collect, capture, purchase, receive through trade, or otherwise obtain biometric identifiers or biometric information of persons or customers.
Hindsight is 2020: Data Privacy Law Year in Review | JD Supra
A year full of firsts, 2020 introduced a number of new consumer data privacy protection laws. While the California Consumer Privacy Act (CCPA) is one of the most well-known, other states have also adopted their own privacy laws and requirements for businesses to implement and maintain reasonable security measures. We highlight significant data privacy developments and trends from 2020 below. California The groundbreaking CCPA went into effect in January 2020.
What You Need to Know About California's New Voter-Approved California Privacy Rights Act | JD Supra
With the ink barely dry on the newly enacted California Consumer Privacy Act (CCPA), California voters have approved The California Privacy Rights Act (CPRA), which significantly amends the CCPA and creates new obligations for covered businesses. While not fully operative until January 2023 and not enforceable until July 2023, CPRA will require organizations currently grappling with CCPA compliance to further strengthen their data collection and privacy practices.
E.U. Parliament Endorses Directive to Permit Collective Consumer Lawsuits, Including for GDPR Violations | JD Supra
The European Union Parliament officially endorsed a directive on November 24, 2020, concerning representative actions that will allow collective lawsuits to protect the combined interests of consumers for alleged violations of E.U. law in a broad range of areas, including data protection.
New York State DFS Urges Financial Institutions to Consider and Prepare for Impact of Climate Change | JD Supra
Having sent a similar letter to New York's domestic and foreign insurance companies, the New York State Department of Financial Services (DFS) issued a letter on October 29, 2020 explicitly calling on its regulated financial institutions to start integrating financial risks associated with climate change into their business strategies, risk management processes, and governance frameworks.
Is New York’s New Consumer Privacy Bill a Bridge Too Far? | JD Supra
Navigating the ever changing waters of consumer privacy could become much more challenging if the “It’s Your Data Act” (IYDA) is passed in New York. Some provisions of the proposed law may apply to any person or business, even law firms no matter how small, that collects any personal information of New York residents for the purpose of generating commercial or economic value. New York State Senator Leroy Comrie introduced on October 28, 2020.
Validating Cyber Compliance in Light of the First DFS Enforcement Action | JD Supra
We recently reported on the New York State Department of Financial Services' (DFS) first enforcement action under its 2017 cybersecurity regulation ("Part 500"), which prescribes how financial services companies licensed to operate in New York should construct their cybersecurity programs.
Another Cybersecurity Wake Up Call: Connecticut Insurance Department Issues Guidance on Cyber Law Set to go Into Effect | JD Supra
Covered entities received two cybersecurity wake up calls from insurance regulators this month. As we have reported, the New York State Department of Financial Services (DFS) issued its long-awaited first cyber enforcement action pursuant to its groundbreaking and first-in-nation cybersecurity regulation.
Long-Awaited DFS Cyber Enforcement Action Sees Charges Filed Against Title Insurer For Exposing Millions of Documents Containing Consumer Personal Information | Hinshaw & Culbertson - Consumer Crossroads - JDSupra
After several years of anticipation, the New York State Department of Financial Services (DFS) has filed its first enforcement action under the agency's groundbreaking and first-in-the-nation 2017 cybersecurity regulation (Part 500 of Title 23 of the New York Codes, Rules, and Regulations), which prescribes how financial services companies licensed to operate in New York should construct their cybersecurity programs.
New York DFS Launches "FastForward" Program Aimed at Driving Innovative Financial Services and Products | JD Supra
In support of re-opening and adapting New York to the new economic and social normal caused by COVID-19, New York’s Department of Financial Services (DFS) announced the launch of a program called “DFS FastForward” which will support innovators who can deliver novel digital solutions that advance the state’s recovery from the pandemic.
Popular Video Conferencing Zoom App Hit with CCPA Class Actions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CCPA Litigation Has Arrived and COVID-19 Will Not Delay Enforcement | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
NYDFS Issues Order and Instructions to Regulated Entities in Response to COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Governors of California and New York Announce Enhanced Consumer Protection Agendas for 2020 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
What's Keeping Corporate Directors & Officers Up at Night: Accelerating Privacy Regulation | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Senate Hearing Panel Suggests a Bipartisan National Data Privacy Standard Could Include a Private Right of Action | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Consumer Law Hinsights - November 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Consumer Law Regulatory Insights: Third of CFPB Symposia Series Debates the Data Collection Rule of Section 1701 of the Dodd-Frank Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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