NAIC Privacy Protections Working Group Meets to Discuss New Model Privacy Law

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On June 5-6, 2023, the NAIC Privacy Protections (H) Working Group (“PPWG”) held an in-person interim meeting (“session”) to continue its work on drafting a new model privacy law, the Insurance Consumer Privacy Protection Model Law #674 (“Model Law”). Model Law #674 is intended to replace the current Models #670 and #672. The session was intended to be a drafting session focused on certain provisions of the current exposure draft not yet covered during the three preceding PPWG open drafting calls.

During the session, the working group covered third-party service providers, definitions of “insurance transactions” and “additional permitted transactions,” marketing (and joint-marketing agreements), consent to marketing (opt-in versus opt-out), and consumer privacy notices. The PPWG announced it intends to release a new exposure draft (version 1.0) of the Model Law by the end of June to address many of the comments the working group has received and discussed to date. There will be no 60-day comment period for this draft and instead, open calls to discuss drafting will restart once the new exposure draft is released.

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New York Department of Financial Services Levies $1.2 Million Fine on Cryptocurrency Platform for Violations of Cybersecurity Regulations

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A recent consent order between the New York State Department of Financial Services (“NYDFS”) and cryptocurrency trading platform, bitFlyer USA (“bitFlyer”), shows that the NYDFS continues to utilize an aggressive enforcement posture with respect to cybersecurity for regulated financial services companies. Notably, the bitFlyer consent order and other recent consent orders demonstrate that NYDFS is no longer waiting for regulated entities to experience a cyber-attack before commencing an enforcement action, and, instead, is using routine examinations to uncover and prosecute companies for failing to comply with the NYDFS’s cybersecurity regulations.

Background

In 2017, the NYDFS promulgated first-of-its-kind regulations establishing cybersecurity requirements for financial services companies. 23 NYCRR Part 500. These regulations were amended once and a proposed second amendment was published in late 2022, with final amendments expected to be adopted sometime later this year.

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Meta Fined EUR 1.2 Billion for Violating GDPR

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Yesterday, the Irish Data Protection Commission (DPC) issued Meta Platforms Ireland Limited with a EUR 1.2 billion (approximately 1.3 billion U.S. dollar) fine for breaches of the GDPR with respect to EU-U.S. personal data transfers associated with its Facebook service. Meta Ireland has also been ordered to suspend all Facebook-related personal data transfers from the EU to the U.S., and to bring the processing of any previously transferred data into compliance.

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Österreichische Post: The CJEU Specifies the Requirements for Compensation for Breaches of the GDPR

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On 4 May 2023, the European Court of Justice (CJEU) delivered its highly anticipated judgement in Österreichische Post (Case C-300/21) on a crucial issue: the extent to which data subjects affected by a breach of the GDPR have a right to compensation for non-material damage under Article 82 GDPR.

Background

The underlying case arose from a data subject in Austria seeking 1,000 EUR ($1,009) in compensation for alleged non-material damages arising from Österreichische Post’s processing of his personal data for the purposes of political advertising. The individual had not consented to the processing and claimed that he felt offended by the fact that an affinity to a certain political party was attributed to him, alongside feelings of great upset, loss of confidence and exposure caused by the retention of his data on these supposed political opinions.

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The AI Act Progresses Ahead With Approval of Key European Parliament Committees

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On 11 May 2023, the European Parliament Internal Market and Consumer Protection (IMCO) and Civil Liberties, Justice and Home Affairs (LIBE) committees voted by a large majority to adopt a compromise position on the draft text of the proposed AI Act. The AI Act is a landmark legislative proposal set to be one of the first and most significant set of rules on artificial intelligence. This compromise text approved by the Committees makes some key changes to the European Commission’s initial draft of the AI Act, outlined below.

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Federal Court Holds Bank Liable For Business Email Compromise Losses

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We have written on previous occasions about the rise in frequency and severity of Business Email Compromise (BEC) cyberattacks. As explained in other posts, BEC attacks are a type of phishing scam typically targeting companies in order to fraudulently direct payments of money to accounts associated with the attackers. Attackers typically target high-level executives or employees with access to financial systems. After the BEC attack, victims have typically had difficulty recovering the fraudulently misdirected funds, which are usually moved to offshore accounts very quickly.

However, a recent court decision in Virginia may have provided a roadmap for some BEC victims to seek compensation from the financial institutions that facilitate the fraudulent transfers of money. In Studco Bldg. Sys. US, LLC v. 1st Advantage Fed. Credit Union, WL 1926747 (2023), a United States District Court Judge held that one of the financial institutions involved in facilitating a BEC payment did not act in a commercially reasonable manner in allowing the transaction to take place. Because the financial institution acted negligently, the victim of the BEC was awarded a judgment of $558,868.71

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