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The federal Seventh Circuit Court of Appeals has reiterated its approach to standing in data breach cases: allegations of “increased risk of fraudulent charges and identity theft” are sufficient to meet the requirements for Article III standing for data breach victims in federal court. read more
As reported here, recent amendments to the annual privacy notice requirement under the Gramm-Leach-Bliley Act (the “GLBA”) contained in the Fixing America’s Surface Transportation (“FAST”) Act eliminated the requirement for financial institutions to provide annual privacy notices under GLBA under certain circumstances. read more
The Fourth Circuit Court of Appeals has affirmed a Virginia federal district court’s summary judgment ruling for the insured under a CGL policy, finding that the insurer had a duty to defend a third-party lawsuit alleging failure to properly secure electronic storage of medical records. read more
March 29, 2016 1:55 PM | Permalink |
Theodore Augustinos
Early this month, the NAIC Cybersecurity (EX) Task Force released a preliminary working and discussion draft of an Insurance Data Security Model Law. While praise worthy in its effort to provide uniformity for data security and breach notification requirements among the states, at least with respect to the insurance industry, the draft clearly needs further development, input and revision, or it may do more harm than good. read more
February 17, 2016 7:43 AM | Permalink |
Philippa Townley, Alan Meneghetti
VTech, a British toymaker with 6.3 million children’s accounts, was hacked giving its hackers access to photos and chat logs of children. It has recently emerged that the toymaker has since changed its terms and conditions stating that parents must assume responsibility for future breaches, sparking outrage amongst parents. read more
December 22, 2015 10:51 AM | Permalink |
Theodore Augustinos
As previously reported here, the NAIC Cybersecurity Task Force proposed a “Cybersecurity Bill of Rights” (the “BOR”), which purported to state consumers’ rights related to information security. read more
December 10, 2015 9:41 AM | Permalink |
On December 4, 2015, President Obama signed the Highway Bill, dubbed Fixing America’s Surface Transportation Act (“FAST Act”), into law. read more
November 16, 2015 3:10 PM | Permalink |
Last week, the Department of Financial Services of the State of New York (“DFS”) issued a letter available here, indicating its intention to promulgate cybersecurity regulations that will apply to financial institutions licensed by DFS, including insurance companies, banks, and mortgage brokers. read more