Category: NIST



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A.G. Schneiderman Announces SHIELD Act to Protect New Yorkers

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The Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) was introduced in the New York legislature in early November and would amend New York’s state breach notification law.  The bill was announced after the release of a New York Office of the Attorney General report found a nearly 60% hike in data breaches affecting state residents in 2016 and following the Equifax breach in September, which A.G. Schneiderman is investigating.

Among other things, the SHIELD Act would:

  • Require reasonable security for private information, using standards tailored to the size of the business, while avoiding duplicate regulations and providing incentive to businesses that certify security compliance and provides clear examples of safeguards (e.g., technical, administrative, and physical measures).
  • Carve out “compliant regulated entities,” which are defined as those already regulated by, and compliant with, existing or future regulations of any federal or NYS government entity (including NYS DFS cybersecurity regulations; regulations under Gramm-Leach-Bliley; HIPAA regulations) by deeming them compliant with this law’s reasonable security requirement.
  • Provide safe harbor from AG enforcement actions under this law for “certified compliant entities,” (those with independent certification of compliance with aforementioned government data security regulations, or with ISO/NIST standards).
  • Provide a more flexible standard for small business (less than 50 employees and under $3 million in gross revenue; or less than $5 million in assets): requiring reasonable safeguards “appropriate to the [small business’s] size and complexity.

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Legislative Spotlight: Self-Driving Cars Part 1

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The House of Representatives passed H.R. 3388, the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act” or the “SELF DRIVE Act” last month. The bill would remove regulatory barriers to develop self-driving or autonomous cars by giving the National Highway Traffic Safety Administration (NHSTA) authority to establish federal safety, design, and performance standards for automated cars, excluding commercial vehicles, such as trucks and buses. States would still be responsible for the vehicle registration, driver’s licensing, insurance, and safety and emissions inspections. The bill would also allow states to impose stricter performance requirements than those set by NHTSA.

We have outlined the privacy and cybersecurity provisions of this bill, as well as the NHTSA’s voluntary security standards for self-driving cars.

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Beyond FERPA: Safeguarding Student Data Is Key Obligation for Postsecondary Educational Institutions

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Most institutions of higher education are very familiar with the Family Educational Rights Protection Act (FERPA), which applies to all state and local, public and private educational institutions that receive federal funds through programs administered by the U.S. Department of Education (ED). Unless at least one of FERPA’s exceptions applies, institutions risk sanctions from ED – including the potential loss of all federal funding – if they disclose a student’s personally identifiable information (PII) from an education record without the student’s express prior written consent.  Beyond FERPA, higher education institutions have additional legal responsibilities to assiduously secure and protect student data from inadvertent disclosure, particularly financial information maintained by an institution regarding students or their families.

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Time to Focus on Cybersecurity in Health Care

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In the wake of the WannaCry global attack that impacted the U.K.’s National Health Service, the need to protect valuable health care data has never been more urgent. The U.S. government has begun to take steps in the right direction with the passing of executive orders on cybersecurity, the Cybersecurity Act of 2015, and the Government Accountability Office report on the Internet of Things.

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Disrupting the Health Care Cybersecurity Model (or Lack Thereof): Health Care Industry Cybersecurity Task Force Calls Out Regulatory Barriers

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In a previous blog post, our team evaluated the draft recommendations prepared by the Health Care Industry Cybersecurity Task Force in its “Report on Improving Cybersecurity in the Health Care Industry.”  

We recently examined three of the six major recommendations in the report and their potential impact on the existing health care regulatory environment. These include:

  • HHS and a Comprehensive Health Care Security Framework
  • Government and Private Incentives to Migrate Vulnerable Health Care Providers to More Secure Environments
  • Development of Fraud and Abuse Exemptions to Foster Collaboration and Permit Shared Resources

For more insight, read our detailed review of the health care security recommendations above.

An Early Review of the Trump Administration’s Health Care Cybersecurity Task Force Report

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Formed by the Cybersecurity Act of 2015, a task force established to share cybersecurity information between federal government and private industry representatives has released its “Report on Improving Cybersecurity in the Health Care Industry.” They presented six major action items for Congress, the Department of Health and Human Services, other government agencies and private industry.

The Report organized its recommendations under six Imperatives:

  • Define and streamline leadership, governance, and expectations for health care industry cybersecurity;
  • Increase the security and resilience of medical devices and health IT;
  • Develop the health care workforce capacity necessary to prioritize and ensure cybersecurity awareness and technical capabilities;
  • Increase health care industry readiness through improved cybersecurity awareness and education;
  • Identify mechanisms to protect research and development efforts and intellectual property from attacks or exposure; and
  • Improve information sharing of industry threats, weaknesses, and mitigations.

In a recent alert, we evaluated the action items and draft recommendations prepared by the Task Force, = and discuss how the Trump administration will react to these new proposals.

Read our review of the Health Care Cybersecurity Task Force Report

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