Texas Amends State Breach Notification Law and Creates Advisor Council to Study Privacy Laws

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Businesses in Texas that own or license computerized data will expect a shortened data breach notification deadline for any breach of sensitive personal information after January 1, 2020. Meanwhile, reporting to state attorney general (“AG”) will become mandatory if more than 250 Texans are involved in a single data breach.

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Further Expansion of Data Security Requirements in FTC Order with LightYear Dealer Technologies

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The FTC has entered into a settlement with LightYear Dealer Technologies, doing business as DealerBuilt, a technology company that develops and sells dealer management system (DMS) software and data processing services to automotive dealerships nationwide. The settlement resolves allegations that DealerBuilt engaged in a number of unreasonable data security practices. The DealerBuilt’s DMS software tracks, manages, and stores information related to all aspects of a dealership’s business, including sales, finance, inventory, accounting, payroll, and parts and service and collects and maintains personal and competitively sensitive information about consumers and employees.

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$3 Million Settlement for Exposure of and Latent Response to Exposure of 300,000 Patients’ Protected Health Information

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Touchstone Medical Imaging (Touchstone) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) entered into a no-fault settlement and two-year corrective action plan (CAP) to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA).

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SEC Issues Risk Alert Regarding Reg S-P, Privacy, Safeguarding, and Registrant Compliance

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The SEC’s OCIE recently issued a Risk Alert focusing on compliance issues related to Regulation S-P, the primary SEC rule governing compliance practices for privacy notices and safeguard policies for investment advisers and broker-dealers. The Risk Alert summarizes the OCIE’s findings from two-year’s worth of issues identified in deficiency letters to assist investment advisers and broker-dealers in adopting and implementing effective policies and procedures for safeguarding customer records and information pursuant to Regulation S-P.

In this alert, partner Jim Lundy outlines the Regulation S-P requirements, the OCIE’s Regulation S-P findings and key takeaways for SEC registrants.

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The Sedona Conference Publishes Its Final, April 2019 Version of A Commentary on Information Governance, Second Edition

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The Sedona Conference® has released the Final Version of its Commentary on Information Governance, Second Edition (April 2019). The Second Edition of this Commentary again sets out 11 principles of information governance that provide a strategic framework for senior management to make decisions with respect to all information within an enterprise. However, the latest Commentary has been revised to incorporate changes and advances in technology and law, including on privacy, that have occurred over the past four years, and in particular in an expanded set of footnotes it includes updated references to publications of The Sedona Conference that have been issued in the intervening years since 2014.

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