On March 7, 2025, the California Privacy Protection Agency (“CPPA”), which is tasked with enforcing the California Consumer Privacy Act (“CCPA”) entered a Stipulated Final Order (“Order”) with American Honda Motor Co., Inc. (“Honda”), fining Honda $632,500. This Order is instructive as to CPPA’s views on various topics covered by the CCPA. Among other things,
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Data Privacy & Security News and Trends
CFPB Explores the Need for Greater Financial Privacy
On January 10, 2025, in the waning days of the Biden Administration, the Consumer Financial Protection Bureau issued a Request for Information Regarding the Collection, Use, and Monetization of Consumer Payment and Other Personal Financial Data. The Request signals the Bureau’s strong concern with the ways financial institutions, and particularly new financial tools like widespread…
Delayed One-to-One Consent Rule Gives Companies Reprieve, Plus Other TCPA Updates
The Federal Communications Commission (FCC) announced on Jan. 24, 2025, that its highly anticipated one-to-one consent rule was postponed by at least one year. This is big news for companies that were gearing up for the implementation of the rule, which would have significantly altered the requirements for obtaining consent to place calls or text…
HHS Proposed Rule May Enhance HIPAA Security but Leaves AI Questions Open
In response to increased cybersecurity threats and significant regulatory enforcement actions, on Dec. 27, 2024, the Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking seeking to enhance cybersecurity protections under the Security Rule implemented pursuant to the Health Insurance Portability and Accountability Act of 1996. While the proposed rule is…
SEC Settles Charges for Alleged Misleading Disclosures, Shedding Light on Materiality in Cyber Context
On Oct. 22, 2024, the Securities and Exchange Commission (SEC) announced settled charges against four current and former public companies, Unisys, Avaya Holdings, Check Point Software Technologies and Mimecast, for allegedly making materially misleading statements in their public disclosures regarding cybersecurity intrusions and risks following the SolarWinds Corporation software hack. This wave of enforcement actions…
DoD Issues Final CMMC Framework for Defense Contractors
After a nearly five-year rulemaking process, the U.S. Department of Defense (DoD) published the Final Cybersecurity Maturity Model Certification 2.0 (CMMC) program rule in the Federal Register on Oct. 15, 2024, codified at 32 CFR Part 170. Contract clauses implementing the CMMC program rule will be issued as part of the Defense Federal Acquisition Supplement,…
Takeaways for Nonprofit Healthcare Systems From SEC Cybersecurity Disclosure Interpretations
When dealing with a cybersecurity incident response, nonprofit healthcare systems have different constituents to consider. Patients and staff who risk having personal information exposed or procedures postponed are the most important, but bondholders of a system’s debt also will want to know about the incident. The Securities and Exchange Commission recently updated its Compliance and…
Ounce of Prevention: Do You Have Business Associate Agreements With Every Required Party?
Applicable Provider Types: All
Is Your Entity in Compliance?
The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009 (HIPAA) requires Covered Entities (CEs), Business Associates (BAs) and Business Associate subcontractors to enter into written agreements governing each party’s rights and…
Ounce of Prevention: Is It Time to Perform a Security Risk Assessment?
Applicable Provider Types: All
Is Your Entity in Compliance?
The Health Insurance Portability and Accountability Act of 1996, as modified by the Health Information Technology for Economic and Clinical Health Act of 2009 (HIPAA) requires covered entities and their business associates to implement policies and procedures to prevent, detect, contain and correct security violations. Under…
Navigating Cybersecurity and Data Privacy Regulations in the Insurance Industry
For over 100 years, the National Association of Insurance Commissioners (NAIC) has been developing model legislation to encourage uniformity among states for the regulation of insurance products. The NAIC model laws and guidelines are proposed statements of insurance regulation for all 50 states as well as the other jurisdictions (such as D.C. and Guam). Once…