The U.K. government recently launched a consultation proposing significant changes to the U.K. General Data Protection Regulation (UK GDPR). The U.K. aims to craft a bespoke “pro-growth and pro-innovation regime whilst maintaining…world-leading data protection standards.” The Consultation sets out in detail the significant reforms which the U.K. government seeks to implement – at the potential risk of losing its adequacy status for data transfers from the EU.
Year: 2021
Zombie PHR Breach Rule Rises From the Dead
If an entity that offers a personal health record identifies a breach of information in that record, it is required to provide notice to each impacted individual and to the FTC within 60 calendar days of discovery.
Yesterday, the FTC issued a policy statement announcing a new interpretation of the FTC’s 10-year-old “Personal Health Record Breach Notification Rule.” As the FTC acknowledges, this rule has never been enforced by the FTC. The FTC’s announcement indicates its intention to begin enforcing this rule, which allows the FTC to assess penalties of $43,792 per day of violation.
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Faegre Drinker on Law and Technology Podcast: How To Use Data Analytics in Your Investigation
When responding to a high-pressure cyber incident, a strong data analytics team is invaluable — and can almost allow attorneys to see into the future. In this episode of the Faegre Drinker on Law and Technology Podcast, host Jason G. Weiss sits down with Jay Brudz, partner at Faegre Drinker and Tritura managing executive director, and Kenny Darrell, Tritura senior data scientist, to discuss the use of data analytics in investigations.
Disruptionware VII: The Evolution of Disruptionware and the Growth of Ransomware as a Service (RaaS)
I have written multiple times about the danger of disruptionware to both Information Technology (IT) networks as well as Operational Technologies (OT) networks of victims globally. As discussed here, many different nefarious tools make up the disruptionware “tool kit.” These tools include, but are not limited to:
- Ransomware
- Wipers
- Bricking capabilities tools
- Automated components
- Data exfiltration tools
- Network reconnaissance tools
The most well-known and most used of all these tools is ransomware malware. Ransomware attacks have grown exponentially over the past few years. Dozens of ransomware gangs are launching ransomware attacks and terrorizing and extorting businesses throughout the world. This has included specific attacks against the U.S. energy sector as well as U.S. infrastructure projects.
Fall Cybersecurity Enforcement Update: State and Federal Regulators Increase Scrutiny on Victims of Cyberattacks
We have written here previously about the dramatic increase in cyberattacks on companies of all types since the start of the COVID-19 pandemic. Indeed, by some estimates, ransomware attacks have increased over 90% during the first half of 2021 compared to the same period last year. As these and other types of cyberattacks have increased, various federal and state regulators have correspondingly stepped up efforts to investigate and bring enforcement actions – which often include large fines – against companies that are perceived to have been negligent in their cybersecurity efforts. Two of the most active agencies in cybersecurity enforcement have been the New York Department of Financial Services (NYDFS) and the United States Securities & Exchange Commission (SEC), both of which have made important announcements regarding cybersecurity compliance in the past few months.
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Senators Introduce Bipartisan Legislation To Require Federal Contractors and Operators of Critical Infrastructure to Disclose Cyber Intrusions
A bipartisan group of 14 United States senators recently introduced proposed legislation that would require federal contractors and operators of critical infrastructure to disclose any cyber intrusion within 24 hours. A copy of the proposed legislation can be found here.
Currently, there is no federally mandated reporting requirement for cyberattacks on American infrastructure targets. The newly proposed legislation is designed to prevent these attacks from going unreported and uninvestigated.