Category Archives: Privacy Legislation

A Proposed Federal Privacy Law that Could End the CTDPA Before it Starts

Protecting personal information is important to all Americans.  In the absence of a comprehensive federal privacy law (the US is one of the few remaining countries without one), states are stepping up.  Five states have adopted comprehensive privacy legislation: California, Colorado, Connecticut, Virginia and Utah. And more than half of the country’s state legislatures have […]

And CT Makes Five: The Connecticut Legislature Passes A Consumer Data Privacy Bill

After failed attempts in years past, on April 28, 2022, Connecticut became the fifth state to pass a consumer data privacy bill.  It is headed to the Governor’s desk for signature, and he is expected to sign.  Entitled “An Act Concerning Personal Data Privacy and Online Monitoring,” it enjoyed bipartisan support passing unanimously in the […]

Health Care Providers: Take Note of Changes to Breach Reporting Obligations in CT as of Oct. 1

On October 1, 2021, major changes to Connecticut’s electronic data breach statute take effect.  Those changes will affect health care providers’ reporting obligations for HIPAA breaches involving electronic information (e.g., a misdirected email or fax).  This is because the definition of personal information in the state data breach statute will include “medical information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional” as well as health insurance policy or identification numbers.  As a result, more HIPAA breaches will also trigger state data breach law reporting.

Connecticut Makes Significant Changes to its Data Breach Statute

Written in collaboration with Nathaly Tamayo, JD.

Late in the legislative session, both the Connecticut House and Senate passed House Bill 5310 (now Public Act 21-59), An Act Concerning Data Privacy Breaches, which substantially amends Connecticut’s data breach notification statute (CGS §36a-701b). Although the bill implemented a number of revisions, the most notable changes significantly expand the definition of personal information and shorten the notification timeframe.

COVID-19 Technology and Privacy Part II – A Promising Legislative Solution Emerges

In Part I of this mini-series last week, Dayle A. Duran, Esq., CIPP/US articulately described Apple and Google’s COVID-19 contact tracing API. Overall, she concluded that, if used as intended, the technology provides good privacy protections, but flagged that the real privacy risks lie in unintended use and function creep. Recently proposed bipartisan legislation may adequately address these concerns.

Rip off the Band-Aid: Time to Scrap the FTC’s Health Breach Notification Rule

The Federal Trade Commission’s Health Breach Notification Rule (HBNR) is a perfect example of a narrowly tailored regulation that only contributes to the cumbersome patchwork of privacy rules in this country without providing any real benefit. In this blog post, I explore the problems with the HBNR and why we should focus instead on creating meaningful, comprehensive privacy legislation.

CA AG’s Office Releases Modified Proposed CCPA Regulations

The proposed modifications provide much-needed clarity to covered businesses in advance of the enforcement deadline and show that the AG seriously considered the comments and feedback it received. This post offers a very brief summary of some of the notable changes.

Privacy Legislation Season is Underway!

Just two weeks into the new year and at least three states already have proposed privacy legislation boasting CCPA and GDPR-like provisions. This flurry of early legislative activity is just a preview of what we are likely to see during state legislative sessions throughout the year.

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