Information Governance and Risk Management

On October 12, 2020, California’s Attorney General proposed a third set of modifications to California Consumer Privacy Act (“CCPA”) regulations. These proposed modifications come nearly two months after the final regulations were approved and made effective by the California Office of Administrative Law (“OAL”) on August 14, and less than a month before the California

On October 7, 2020, The Office of the Comptroller of the Currency (“OCC”) announced that it had assessed a $400 million civil penalty against Citibank, N.A. regarding alleged deficiencies in its enterprise-wide risk management and data governance programs and its internal controls.  In particular, the OCC found violations of 12 CFR Part 30, Appendix D

On August 19, 2020, the California State Assembly on Appropriations ordered to a second reading Assembly Bill (“AB”) 1281, which would extend the exemption of the California Consumer Privacy Act (“CCPA”) in relation to employee information and business-to-business (“B2B”) transactions until January 1, 2022.  Specifically, AB 1281 would exempt information collected about a natural person

On Friday, August 14, 2020, the California Attorney General released the final CCPA regulations issued under the California Consumer Privacy Act of 2018 (“CCPA”) as approved by the California Office of Administrative Law (“OAL”), and filed them with the California Secretary of State.  During its review, the OAL made additional revisions to the CCPA regulations,

Yesterday, on August 10, 2020, the European Commission (“Commission”) and the Department of Commerce (“DoC”) issued a joint statement announcing they are beginning discussions to evaluate potential enhancements to the EU-U.S. Privacy Shield framework.  These discussions have begun to address compliance with the recent Schrems II decision by the Court Justice of the European Union

Vermont Amends Data Breach Notification Law

On July 1, 2020, amendments to Vermont’s Security Breach Notice Act, 9 V.S.A. §§ 2330 & 2335, took effect along with a new “Student Online Personal Information Protection Act.”

Key amendments to the security breach act include:

  • An expanded definition of Personally Identifiable Information (“PII”). The definition now

On July 21, 2020, the New York State Department of Financial Services (NYDFS) filed charges against First American Title Insurance Company (First American) for breach of state cybersecurity regulations. Specifically, NYDFS alleges that First American exposed tens of millions of documents containing consumers’ sensitive personal information, including bank account numbers and statements, mortgage and tax

We previously posted on yesterday’s Schrems II decision issued by the Court of Justice of the European Union (CJEU). Today (Jun 17, 2020), the Berlin data protection authority (Berlin DPA) went even further than the CJEU opinion, issuing a statement on the Schrems II case, calling for Berlin-based data controllers storing personal data in the

On July 16, 2020, the Court of Justice of the European Union (“CJEU” or “Court”) issued a significant judgment in Case C-311/18 (“Schrems II decision”) on the adequacy of protection provided by the EU-US Data Protection Shield. The court concluded that the Standard Contractual Clauses (“SCCs”) issued by the European Commission for the transfer of

On June 1, 2020, California Attorney General Xavier Becerra submitted a finalized package of CCPA regulations to the California Office of Administrative Law (OAL).   The package included not only the final text of the regulations, but also the final statement of reasons for amendments to the previous drafts. There have been multiple rounds of drafts