The New York Privacy Act Would Allow Direct Action

June 5th, 2019|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

The New York Privacy Act,  introduced last month by state Sen. Kevin Thomas, advocates for consumer agency over their personal data and would give New Yorkers the right to sue companies directly for privacy violations. Thomas wants companies to put customer data protection ahead of their budgetary and business goals.   The bill summary reads: "Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared; creates a special account to fund a new office of privacy and data protection." "Fiduciaries, like an attorney or a doctor, hold onto your information. They don't share it, unless there is a need for the purpose for which they collected it,” Thomas said. “That's not what's going on here with these data companies and these data brokers. They're sharing it, and we're getting targeted.” Pushback from the tech industry has been swift. John Olsen, Director of the Internet Association, said, “The NY Privacy Act, in its current form, is unworkable for businesses that want to comply and fails to provide New York residents meaningful control over how their data is collected, used, and protected." Facebook also chimed in saying they would have to shut down Facebook [...]

Anderson Kill’s 5th Annual Cyber Insurance Recovery Conference

May 6th, 2019|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

[one-half-first][/one-half-first] [one-half]Recent news of "Collection 1", a cache of sensitive data now appearing for sale on the dark web and comprised of an astonishing 773 million records, is a grim reminder of the scope of cyber perils for most.  Last year's staggering tally of serious data breaches and theft coupled with a spate of new legislation for companies gathering, hosting and selling consumer data means policyholders must rise to the challenge.  New state legislation compounds an already daunting federal and international regulatory landscape, and regulatory compliance will be a must to deal with the attendant fines, penalties and consumer claims that non-compliance can trigger.  New technology also continues to drive the evolving conversation about the legal relationships between parties transacting business electronically.  Risks range from anonymity that raises jurisdictional and collection issues to “immutable” record keeping that creates a permanent, public record of transactions. --Anderson Kill [/one-half] Find out more about this complimentary seminar from Anderson Kill here!

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