Understanding the California Consumer Privacy Act (CCPA): Part Two

The California Consumer Privacy Act of 2018 (CCPA) signed into law on June 28, 2018 is the nation’s toughest privacy law to date and could serve as a model for other states.With 18 months to go before its implementation, many things could happen prior to its effective date to change its current form and anticipated effect.  But before contemplating any changes, it’s important to understand its present form. Who Is Regulated by the CCPA The CCPA will regulate “Businesses,” defined as for-profit entities that have…
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Understanding the California Consumer Privacy Act (CCPA): Part One

In 2020, California Consumers will be granted new online privacy protections under a first-of-its-kind California law. A sweeping new privacy law — the California Consumer Privacy Act of 2018 (CCPA) is the nation’s toughest privacy law and could serve as a model for other states. The bill came to a vote in both houses on June 28, 2018. The assembly voted 69-0 to approve it shortly after the Senate approved it 36-0 , and was signed by Gov. Jerry Brown the same day. The CCPA…
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Fifth Circuit Shops for Implicit Allegations Wrongdoing Against Liquor Store Chain To Avoid Policy Exclusion

The Fifth Circuit Court of Appeals in Spec’s Family Partners, Ltd. v. Hanover Insurance Co. (No. 17-20263, Jun. 25, 2018), afforded a contractual liability exclusion a narrow interpretation to deny an insurer judgment in its favor.  The coverage litigation resulted from Hanover Insurance Company’s (Insurer) refusal to pay Spec’s Family Partners’ (Spec’s) litigation costs in connection with a payment card industry (PCI) liability dispute between Spec’s and First Data Merchant Services, LLC (First Data) following a data breach. The Spec’s credit card network had been…
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New York Cybersecurity Regulations Extended to Credit Reporting Agencies

This week, Governor Cuomo has directed the Department of Financial Services to issue a final regulation requiring credit reporting agencies to comply with cybersecurity regulations applied to financial service companies, previously adopted in 23 NYCRR 500, et seq. The new regulation, 23 NYCRR 201, et seq., obligates credit agencies reporting on 1,000 or more New York consumers to register annually with the DFS, and, beginning November 1, 2018, to comply the previously adopted standards, including adoption of a cybersecurity program and CISO, and other controls.…
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Should American Companies Be Worried About Security Risks Posed By Chinese Telecoms?

Members of Congress from both sides of the aisle recently wrote a letter to Google to express “concerns” about its strategic partnership with Chinese telecommunications companies such as Huawei Technologies, based on security risks related to state-sponsored espionage. As noted by the lawmakers, the heads of the CIA, NSA, FBI, and Defense Intelligence Agency have voiced similar concerns that smartphones made by China’s two largest manufacturers, Hauwei and ZTE., pose a security threat to American customers.  Moreover, the UK’s National Cyber Security Centre found that…
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An Insurer’s Guide to Navigating the Legal Landmines of Cybersecurity Regulation

Cybersecurity is front and center now, especially for the financial services industry which includes insurance and reinsurance companies, among others.  States and regulators are passing laws and promulgating regulations designed to protect customer data in the possession of insurers and their associates. These new statutes and regulations aimed at the insurance industry are in addition to the myriad of other requirements imposed by government for the protection of this data. Aaron J. Aisen, co-chair of the regulatory sub-practice group in the Global Insurance Services
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Shared InfoSec Language Fosters Shared InfoSec Goals

While most business leaders agree that cybersecurity has significant value, determining exactly where and how to spend company dollars on training and infrastructure continues to be a point of disagreement within organizations. Intelligent communication using a shared vocabulary, according to a recent Focal Point Data Risk report by the Cyentia Institute, is vital to achieving consensus, and a comprehensive security plan. As the barriers between the c-suite and IS department continue to diminish, thanks, in part, to widespread adoption of a chief information security officer…
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The Glacial Movement of Global Cybersecurity

In the pastoral setting of Le Manoir Richelieu in Charlevoix, Quebec, G7 Summit partners met to discuss a broad spectrum of topics, including the shared values of freedom, democracy, the rule of law, a mutual respect for human rights and common commitment to promote a rules-based international order. Amidst the discussions of freedom, democracy and, yes, tariffs, world leaders issued a “Charlevoix G7 Summit Communique,” which advised: “We will work together to enforce existing international rules and develop new rules where needed, to foster a…
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Papua New Guinea Shuts Down Facebook…Temporarily

The democratic government of Papua New Guinea (PNG) has announced a one-month shutdown of Facebook access within the nation, to allow the government to assess the spread of objectionable content, and to “allow information to be collected to identify users that hide behind fake accounts, users that upload pornographic images, users that post false and misleading information on Facebook to be filtered and removed.” While regimes such as Iran, North Korea, and China currently censor the social networking site, PNG is the first democratic nation…
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Firewall’s Up: South Carolina Passes First-of-its-Kind Insurance Data Security Act

South Carolina recently became the first state to pass legislation modeled closely on the Insurance Data Security Model Law that was approved by the National Association of Insurance Commissioners (NAIC) last October. Amid the rising incidence of cyberattacks, cyber security is a key issue facing the insurance sector. South Carolina has taken a proactive step in protecting their business and customers from possible data breaches. The South Carolina Department of Insurance (SCDOI) Data Security Act, signed by the Governor on May 3, 2018, will become…
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