On October 29, 2024, the Department of Justice (“DOJ”) published its Notice of Proposed Rulemaking (“NPRM”) to implement President Biden’s Executive Order 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” This follows the DOJ’s publication of its Advance Notice of Proposed Rulemaking earlier this year. Comments
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SEC Announces Settlements with Four Issuers regarding Cybersecurity Disclosures
On October 22, 2024, the Securities and Exchange Commission (“SEC”) filed settled enforcement orders involving four current and former public companies – Unisys Corp., Avaya Holdings Corp., Check Point Software Ltd, and Mimecast Limited. The settlements concern the issuers’ disclosures relating to cybersecurity risks and intrusions following the December 2020 SUNBURST cybersecurity incident, which affected…
New York State Adopts New Cybersecurity Program and Incident Reporting Requirements for Hospitals
On October 2, 2024, the New York State Department of Health (“NYSDOH”) finalized and adopted new hospital cybersecurity regulations. Effective immediately, hospitals in New York State are required to report to NYSDOH as promptly as possible, but not later than 72 hours after, determining that a cybersecurity incident has occurred. A cybersecurity incident is an…
Pennsylvania Strengthens Data Breach Notification Law
On June 28, 2024, Pennsylvania enacted amendments to its Breach of Personal Information Notification Act (“BPINA”). These amendments contain a number of significant changes, including clarifying a key definition, adding a new notification obligation to the Attorney General, requiring organizations to provide credit monitoring services, and reducing the threshold to notify consumer reporting…
Join us for Upcoming EU AI Act Webinar
Rohan Massey and Edward Machin, partner and counsel in Ropes & Gray’s data, privacy & cybersecurity practice will be hosting a webinar on The EU AI Act – The Road to Compliance. The EU AI Act entered into force on August 1st, 2024. The Act is the first piece of comprehensive legislation to regulate the…
In Law360, Matthew Cin Discusses the Implications of Illinois’s Biometric Information Privacy Act Reform
Ropes & Gray data, privacy & cybersecurity associate Matthew Cin spoke with Law360, about Illinois’s recent amendments to its Biometric Information Privacy Act (BIPA). Ever since it was enacted in 2008, BIPA, which can restrict companies from collecting and sharing biometric data without data subjects’ consent, has been a source of privacy-related litigation…
Biometric Privacy Update: Illinois Legislature Balances BIPA, but Don’t Mess with Texas
On Friday, August 2, Governor J.B. Pritzker of Illinois signed into law SB2979, an amendment to the state’s landmark biometric privacy law. The amendment offers a welcome step forward to correcting the rapid overexpansion of potential damages associated with violations of the law without curbing any of its privacy protections. The measure amends the…
Final Issuance of Federal Guidelines for Security in Scientific Research: Impact on Universities, Academic Medical Centers and Other Research Institutions
On July 9, 2024, the White House Office of Science and Technology Policy (“OSTP”) issued highly anticipated final guidelines setting forth a framework under which academic research institutions must establish and operate formal research security programs (the “Final Guidelines”).1 These final guidelines will be critically important to research operations at universities, academic medical centers, and other…
Navigating Cyber Risks: Learning from Outages
Last Friday arrived with the crash of millions of Windows computers used by companies across the globe, including critical infrastructure sectors such as hospitals, banks, airlines, and government agencies. Despite quick retraction of the cause, cascading effects continued throughout the day and into the weekend, demonstrating the widespread impact and significant business interruption losses. The…
FCC Provides Long-Awaited Clarification on Revocation of Consent
On April 4, 2024, the Federal Communications Commission (“FCC”) adopted new rules updating the Telephone Consumer Protection Act’s (“TCPA”) requirements regarding a consumer’s ability to revoke consent to receive calls and messages (collectively “messages”). Generally speaking, the TCPA in part restricts messages sent using an automated telephone dialing system absent the organization obtaining the necessary…