Effective July 1, 2023, a new Florida law will limit certain health care providers from storing patient information offshore. CS/CS/SB 264 (Chapter 2023-33, Laws of Florida), amends the Florida Electronic Health Records Exchange Act to require health care providers who use certified electronic health record technology to ensure that patient information is physically maintained
You Have 72 Hours: NCUA Finalizes New Cybersecurity Incident Reporting Rule for Federally Insured Credit Unions
Federally insured credit unions are now required to report a cyber incident to the National Credit Union Administration (NCUA) Board within 72 hours. This final rule was unanimously approved by the NCUA on February 17, 2023 and will take effect September 1, 2023 – giving credit unions just over 6 months to update their data
Executive Order Clarifies Focus and Five Factors for Future CFIUS Reviews
President Biden issued Executive Order (EO) 14083 on September 15, 2022, establishing five factors for reviews by the Committee on Foreign Investment in the U.S. (CFIUS), and areas of heightened scrutiny for transactions impacting the U.S. supply chain, cybersecurity, sensitive personal data, agricultural production, and Section 1758 technologies.
Driven by eroding economic and geopolitical conditions
Possible Cyberwarfare? Here’s How to Stay Armed.
On March 18, 2022, President Biden issued a letter to California Gov. Gavin Newsom (the “March 18th letter”) requesting that he secure California’s computer systems and critical infrastructure in light of recent Russian cyberattacks against Ukraine. President Biden advised Newsom to gather his leadership team to discuss California’s cybersecurity and address several fundamental questions
Preparing for the Tidal Wave and Bracing for the Tsunami: Utah Becomes the Fourth State to Pass Privacy Legislation
At last count, at least 39 states have introduced (or passed) comprehensive privacy legislation. After what was previously a watch-and-wait game of legislative whack-a-mole, we are now seeing this legislation get passed and implemented more regularly and with greater speed.
Case in point, within two months of entering the new year, Senate Bill 227, titled
FTC Finalizes Updated Safeguards Rule Under GLBA to Dramatically Expand Data Security Requirements and Scope of Rule
Until now, companies primarily regulated by the Federal Trade Commission (FTC) were given only vague directives to implement systems sufficient to safeguard customer data, coupled with FTC “recommendations” as to best practices. That is about to change with the FTC’s finalization of its proposed amendments to the Standards for Safeguarding Customer Information (Safeguards Rule) on
Another Data Privacy Law? Colorado Enacts the Colorado Privacy Act
Colorado became the third state to enact comprehensive data privacy legislation when Gov. Jared Polis signed the Colorado Privacy Act (CPA) on July 8, 2021. The CPA shares similarities with its stateside predecessors, the California Consumer Privacy Act (CCPA), the California Privacy Rights Enforcement Act (CPRA), and the Virginia Consumer Data Protection Act (VCDPA), as
Energy and Infrastructure Companies Need to Know about the DOE’s and Other Agencies’ Focus on Cybersecurity
On March 18, 2021, the Department of Energy’s (DOE) Office of Cybersecurity, Energy Security, and Emergency Response (CESER) announced three new research programs that are “designed to safeguard and protect the U.S. energy system” from potential cyberattacks. The DOE also announced a 100-day plan to address cybersecurity risks to the U.S. electric system. Not to
Circuit Split No More: 2nd Circuit Clarifies Article III Standing in Data Breach Cases
While more states push forward on new privacy legislation statutorily granting consumers the right to litigate control of their personal information, federal courts continue to ponder how data breach injury fits traditional standing requirements. Previous to McMorris v. Carlos Lopez, McMorris v. Carlos Lopez & Assocs., LLC, many have argued there was a circuit
Critical Changes for U.S. Cleared Facilities
Codification of the NISPOM and replacement of JPAS
Two significant changes are underway by the Defense Counterintelligence and Security Agency (DCSA) – both of which require the immediate attention of businesses that hold a U.S. security clearance or are in the process of application for a clearance.
The first change is the codification of the
Biometric Privacy Law Expansions and Private Rights of Action
The days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to make payments by using voice command and fingerprint recognition.
In 2008, Illinois became the first state