Archives: Data Security

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FTC Announces “Stick With Security” Initiative

The FTC announced today a new “Stick With Security” Initiative, building on its prior “Start With Security” guide as “part of its ongoing efforts to help businesses ensure that they are taking reasonable steps to protect and secure consumer data.”  Stick With Security constitutes a series of blog posts published each Friday using “hypothetical examples … Continue Reading

New York DFS Publishes FAQs on New Cybersecurity Regulations

As our readers know, New York’s Department of Financial Services (“NY DFS”) released a draft of its new Cybersecurity Regulations on September 13, 2016, and the final version of the regulations went into effect on March 1, 2017 (23 NYCRR 500).  Among other things, the regulations require regulated entities to conduct cyber risk assessments and … Continue Reading

FTC and NHSTA Hold Workshop to Drive Discussion on Connected Cars

On June 28, 2017, The Federal Trade Commission and the National Highway Traffic Safety Administration (NHTSA) hosted a workshop  to examine the consumer privacy and security issues that automated and connected motor vehicles pose.  The workshop’s Public Notice, which solicited comments from stakeholders in advance of the event, highlighted the benefits that connected cars can … Continue Reading

Cloud Security Alliance Releases Guidance for Securing Connected Vehicles

The increasing connectivity of vehicles has raised questions about how to maintain the security of connected vehicles.  In response, the Cloud Security Alliance released on May 25, 2017 a 35-page research and guidance report on Observations and Recommendations on Connected Vehicle Security.  The Cloud Security Alliance is a not-for-profit organization dedicated to promoting a secure … Continue Reading

White House Issues New Cybersecurity EO

On May 11, 2017, President Trump signed an Executive Order titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” (the “Order”).  The long-anticipated directive was issued months after the White House originally planned to release a cybersecurity order in February.  Since then, revised drafts of the order were circulated, including a version from February … Continue Reading

Working Effectively with Forensic Firms

Among the many issues that can give rise to the initial uncertainty of responding to a significant cybersecurity incident is a failure by incident response team members to understand the perspectives and priorities of other stakeholders. But this complicating factor can readily be mitigated through cross-functional education and relationship building before an incident occurs. In … Continue Reading

China Releases Final Regulation on Cybersecurity Review of Network Products and Services

Today, the Cyberspace Administration of China (“CAC”) released the final version of the Measures on the Security Review of Network Products and Services (Trial) (“the Measures”), with an effective date of June 1, 2017 (official Chinese version available here).  The issuance of the Measures marks a critical first step toward implementing China’s Cybersecurity Law (“the … Continue Reading

Federal Trade Commission Plans to Clarify its Data Security Standard

The Federal Trade Commission (FTC) has announced that it is launching a new initiative to improve data security guidance and transparency as part of a broader plan to implement process reform initiatives.  In an interview with Politico Pro (subscription required) last week, the new acting director of the FTC’s Bureau of Consumer Protection, Thomas Pahl, … Continue Reading

New Mexico Becomes 48th State with Data Breach Notification Law; Tennessee Restores Exemption for Encrypted Data

Last week, New Mexico and Tennessee both passed legislation updating each state’s requirements for notifying residents following a data breach.  New Mexico’s new law, H.B. 15, makes it the 48th U.S. state to enact a state data breach notification law, leaving Alabama and South Dakota as the only states that have not enacted similar laws.  … Continue Reading

China Seeks Public Comments on Draft Regulation on Cross-Border Data Transfer

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here).  The comment period ends on May 11, 2017. The issuance of the long-anticipated Draft Measures … Continue Reading

NY Data Breaches Reached Record Levels in 2016

New York Attorney General Eric T. Schneiderman announced this week that there were a record number of data breach notices in New York in 2016, with nearly 1,300 reported data breaches exposing the personal records of 1.6 million New Yorkers.  These numbers represented a 60 percent year-over-year increase in the number of data breaches reported, … Continue Reading

Senators Reintroduce Cybersecurity Legislation for Cars and Planes

Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) reintroduced a pair of bills today relating to the cybersecurity of cars and aircraft, which would impose affirmative security, disclosure, and consent requirements on manufacturers and air carriers.  The Security and Privacy in Your Car (“SPY Car”) Act and Cybersecurity Standards for Aircraft to Improve Resilience (“Cyber … Continue Reading

House Democrats Propose Three Bills that Would Bolster FCC Influence over Cybersecurity

On March 2nd, Democratic members of the House Energy and Commerce Committee introduced three pieces of legislation that would expand the Federal Communications Commission’s (FCC) authority over the cybersecurity practices of communications network providers. The first bill, the “Securing IoT Act of 2017” (introduced by Rep. Jerry McNerney (D-CA)), would expand the FCC’s certification authority … Continue Reading

Release of Cybersecurity EO May Have Notable Impact in Communications, Energy, and Defense Industrial Base Critical Infrastructure Sectors

The Trump Administration appears likely to release an Executive Order on Cybersecurity.  The most recent draft suggests this Executive Order may have notable impact in the Communications, Energy, and Defense Industrial Base sectors.  However, it remains unclear if and when the current draft will be signed. President Trump originally was scheduled to sign an Executive … Continue Reading

FTC Comments on NTIA’s Cybersecurity Vulnerability Disclosure Template

The FTC released public comments yesterday on the National Telecommunications and Information Administration’s (NTIA) draft “Early Stage” Coordinated Vulnerability Disclosure Template released in December 2016.  The draft template was released by the NTIA Safety Working Group as part of a multistakeholder process that convened security researchers and software and system developers and owners to address … Continue Reading

The Securities and Exchange Commission and Financial Industry Regulatory Authority Release Examination Priorities for 2017

The Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) and the Financial Industry Regulatory Authority, Inc. (“FINRA”) (a private self-regulatory organization overseen by OCIE), recently released their 2017 examination priorities.  It is no surprise to find cybersecurity listed as an examination priority again this year. OCIE and FINRA have repeatedly recognized … Continue Reading

Extension of Time for Comments on the Federal ANPR on Cyber Risk Management Standards

For those considering submitting comments on the federal advance notice of proposed rulemaking (ANPR) on enhanced cyber risk management standards, you’ve been granted an extension.  The agencies involved—the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation—announced that they will extend the comment period … Continue Reading

CDRH Releases Postmarket Cybersecurity Final Guidance

By Christopher Hanson On December 28, 2016, CDRH announced the publication of the final guidance “Postmarket Management of Cybersecurity in Medical Devices.”  In a separate post, we reported on the January 22, 2016 draft version of this guidance document.  The final guidance provides FDA’s recommendations on a risk-based framework for medical device manufacturers to assess and … Continue Reading

Updated OMB Breach Response Policy Includes Required Breach-Related Provisions for Federal Agency Contracts

Last week, the Office of Management and Budget issued an updated breach response policy for federal agencies, replacing a policy last updated in 2007.  The policy, set forth in memorandum M-17-12, provides minimum standards for federal agencies in preparing for and responding to breaches of personally identifiable information (PII).   In addition to setting forth requirements … Continue Reading

China’s New Draft National Standards on Personal Information Protection

In our previous post, we discussed seven draft cybersecurity and data protection national standards released by China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), on December 21, 2016. “Information Security Technology – Personal Information Security Specification” … Continue Reading

Reports Suggest New York DFS to Revise Proposed Cyber Regulations and Delay Implementation

Based on reports citing New York Department of Financial Services (“DFS”) sources (see here and here), DFS may propose a revised version of its first-in-the-nation cybersecurity regulations on December 28, 2016.  That revision would be followed by a new 30-day comment period, with the revised regulations scheduled to take effect on March 1, 2017. This … Continue Reading

Industry Reacts to New York’s Proposed Cybersecurity Regulation for Financial Services Institutions

On December 19, 2016, the New York State Assembly Standing Committee on Banks heard testimony about a proposed regulation introduced by the New York State Department of Financial Services that would require financial services companies to develop and implement cybersecurity programs to defend against cyber-attacks.  As we covered when Governor Andrew Cuomo announced this first-in-the-nation … Continue Reading

China Seeks Comment on Seven Draft Cybersecurity and Data Privacy National Standards

By Tim Stratford and Yan Luo China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released seven draft national standards related to cybersecurity and data privacy for public comment on December 21, 2016.  The public comment period … Continue Reading
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