The Obama Administration has just released the proposed text of the Personal Data Notification & Protection Act as the latest step in its uniform federal breach notification initiative. Similar legislative efforts in the past have been unsuccessful, but there remains interest in federal legislation that would eliminate the need to navigate the patchwork of 47 different state breach notification laws. This article will highlight how the proposed federal law compares to most state breach notification requirements, and how it may impact businesses as a practical matter.
A New York trial court announced a decision on February 21, 2014, that may be a harbinger of wide-reaching limitations on insurance coverage for data breaches under commercial general liability (CGL) policies. The court’s ruling, while subject to appeal, demonstrates the hazards of relying on traditional CGL policies for coverage for data breaches. The lawsuit, Zurich… Read More