CCPA Revised Regulations

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California’s Attorney General recently released revised draft regulations for the California Consumer Privacy Act (CCPA). Comments to the revisions are currently accepted through February 25, 2020.

Read the update to see the changes, with key additions and deletions highlighted.

Emerging Cyber-Security Threats for 2020: The Rise of Disruptionware and High-Impact Ransomware Attacks

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Disruptionware is defined by the Institute for Critical Infrastructure Technology (ICIT) as a new and “emerging category of malware designed to suspend operations within a victim organization through the compromise of the availability, integrity and confidentiality of the systems, networks and data belonging to the target.”  New forms of disruptionware can be a more crippling form of cyber-attack than other more “garden-variety” malware and ransomware attacks. This is the case since, as the ICIT notes, disruptionware not only attempts to encrypt and deny users access to their data, but works as a “layered attack” designed to “disrupt operations and production in manufacturing or industrial environments (as well as infrastructure) in order to achieve some other strategic goal.”

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U.S. State Department Changes Export Control Requirements for Secure Handling of Defense Technical Data, Easing Burden on U.S. Industry

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On December 26, 2019, the U.S. State Department’s Directorate of Defense Trade Controls announced it is amending the International Traffic in Arms Regulations (ITAR) to streamline requirements for the secure storage and transfer of defense technical data.  This rule change has important implications for IT service providers and companies that may wish to use cloud-based systems and services for the transfer, processing, and storage of ITAR technical data.

Read the full alert to learn about the new regulations and their potential benefits to U.S. companies and their overseas partners.

Ambulance Company Agrees to $65,000 OCR Settlement for HIPAA Noncompliance

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West Georgia Ambulance, Inc. (West Georgia) and the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Service (HHS) entered into a $65,000 no-fault settlement agreement and two year corrective action plan to settle potential violations of the Health Insurance Portability and Accountability Act (HIPAA).

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ED Requires Higher Education Audits to Review GLBA Data Security Compliance

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As discussed in a previous DBR on Data post, the U.S. Department of Education (“ED”) in recent years has repeatedly emphasized the importance of higher education institutions taking all appropriate measures to secure and protect their data systems and data from breaches and inadvertent disclosures. The threats to educational institutions’ data are real, recurring and well-documented. The University of Maryland reported in 2014 that a computer system breach compromised more than 300,000 personal records for faculty, staff and students. A private cybersecurity firm reported that Chinese hackers targeted research databases at more than two dozen universities in the 2017-18 timeframe. In 2019, applicants to Grinnell College, Hamilton College and Oberlin College discovered their admissions files were subject to a ransomware attack. These instances are just a few recent examples of significant data breaches in the education sector.

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FTC Opinion Holds False Express Privacy Claims are Material

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The Federal Trade Commission’s Opinion finding that Cambridge Analytica engaged in deceptive practices to harvest personal information closes another chapter in the Commission’s actions against Cambridge Analytica and its former chief executive and app developer. The opinion is noteworthy for two reasons. First, the procedural posture of this matter is unique because Cambridge Analytica failed to appear or to answer the complaint. This allowed the Commission under its Rules of Practice to find the facts to be as alleged in the complaint and to enter a final decision. Second, the Commission’s opinion holds that a false express privacy claim is material and thus violates Section 5 of the FTC Act.

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