Privacy law increasingly imposes affirmative security duties rather than only notification duties after the fact. This hub covers what regulators mean by reasonable security and the disclosure rules now attaching to incidents.

Data Security Rules

South Carolina's Insurance Data Security Act: Chapter 38-99 Read Against the NAIC Model

November 9, 2026

South Carolina added Chapter 99 to Title 38 through 2018 Act No. 171, signed May 3, 2018 and effective January 1, 2019, and its Department of Insurance describes it as the first enactment of the NAIC data security model. The chapter tracks the model closely, so its interest lies in the places where the wording, the timing and the later amendments part from it.

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Data Security Rules

Ohio's Cybersecurity Safe Harbor, R.C. Chapter 1354: An Affirmative Defense in Tort, Not a Security Mandate

November 2, 2026

Chapter 1354 of the Ohio Revised Code, enacted by Senate Bill 220 in 2018, imposes no security duty. It describes a written cybersecurity program that lets a covered entity plead an affirmative defense to an Ohio tort claim alleging that unreasonable security caused a data breach, and states that it creates neither a minimum standard nor a private right of action.

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Data Security Rules

The FTC's Marriott and Starwood Order: Three Breaches, Two Counts and a 20-Year Security Program

October 19, 2026

On December 20, 2024 the FTC issued its final complaint and decision and order against Marriott and Starwood, Docket No. C-4807, alleging deceptive and unfair data security behind three breaches between 2014 and 2020. The order mandates a specified security program, biennial outside assessments, deletion requests and loyalty point restoration for 20 years.

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Data Security Rules

The FCC's CPNI Rules: Section 222, Customer Approval, Authentication and the Annual Certification

October 5, 2026

Customer proprietary network information is the record of whom a phone customer calls, when, for how long and on what plan. Section 222 of the Communications Act limits how carriers use it, and the FCC's rules in subpart U of part 64 add a two-tier customer approval system, password and ID checks before disclosure, and an officer-signed compliance certificate filed every March 1.

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Breach Notification

The FCC's Telecom Data Breach Reporting Rule: What FCC 23-111 Adopted, Why Its Core Amendments Are Not in Force, and Where the Sixth Circuit Stands

October 5, 2026

In December 2023 the FCC rewrote its carrier breach rule to reach personally identifiable information and inadvertent exposures, add itself as a recipient, and swap a mandatory waiting period for a 30-day limit. Those amendments still await an effective date, and on July 31, 2026 the Sixth Circuit vacated the panel decision upholding the order.

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Breach Notification

The Florida Information Protection Act: Section 501.171's Security Duty, Two 30-Day Clocks and an Enforcement Record That Stays Sealed

October 5, 2026

Florida's breach statute is section 501.171, created in 2014 by CS/CS/SB 1524 as the Florida Information Protection Act. It pairs a duty to take reasonable security measures with two 30-day notice clocks, one to residents and one to the Department of Legal Affairs at 500 people, and it treats a violation as a FDUTPA unfair practice with per-breach civil penalties capped at $500,000.

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Data Security Rules

Nevada's PCI DSS Statute: How NRS 603A.215 Turned a Card Industry Standard Into State Law

September 28, 2026

Senate Bill 227 of 2009 was introduced as an encryption rule and enacted with a payment card clause: a Nevada data collector that accepts cards follows the current PCI Data Security Standard for those transactions, and other data collectors encrypt personal information leaving their control. A 2011 bill widened the device rule, and 2025 bills renamed the office that approves other methods.

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Data Security Rules

Five Years of the Civil Cyber-Fraud Initiative: Sixteen Settlements, Ten Whistleblower Suits and No Judgment

September 21, 2026

The Justice Department launched the Civil Cyber-Fraud Initiative on October 6, 2021 to pursue government contractors and grantees under the False Claims Act for knowing cybersecurity failures. This publication located sixteen resolved matters announced in DOJ releases through September 1, 2026, totaling about $69.1 million. Every one settled, and most began as whistleblower suits.

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Data Security Rules

The NAIC Insurance Data Security Model Law: What Model #668 Requires and How Eight States Rewrote It

September 14, 2026

The NAIC adopted its Insurance Data Security Model Law in late 2017 as a template for state legislatures. It asks insurance licensees to run a written information security program, oversee vendors, investigate cybersecurity events and notify the insurance commissioner within 72 hours. This walks through the model's text and compares it with eight enacted state versions.

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Data Security Rules

New York's SHIELD Act: The Section 899-bb Security Requirement and the Breach Law Changes Since 2019

September 14, 2026

The SHIELD Act of 2019 did two things: it widened New York's breach notification statute, General Business Law section 899-aa, and it added section 899-bb, a standalone duty to maintain reasonable data security. This sets out the security requirement as enacted, the routes to deemed compliance, and the three later chapters that changed section 899-aa without touching section 899-bb.

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HIPAA

HHS Has Proposed the First Real Rewrite of the HIPAA Security Rule Since 2013

September 1, 2026

In January 2025 the Office for Civil Rights proposed rewriting the HIPAA Security Rule, retiring the addressable safeguard category and adding asset inventories, encryption, multi-factor authentication and annual compliance audits. Nothing has been finalised, and the Unified Agenda now carries the rulemaking as a long-term action.

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GLBA

The GLBA Safeguards Rule: What 16 CFR Part 314 Requires, and of Whom

August 24, 2026

The Gramm-Leach-Bliley Act splits its privacy and security duties across several regulators, and the FTC's share lands on non-bank businesses that rarely call themselves financial institutions. This guide works through 16 CFR Part 314 as written: the coverage test, the nine enumerated elements, the exemption for smaller holders and the reporting duty that took effect in 2024.

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HIPAA

The HIPAA Security Rule Requirement That OCR Cites Most Often

August 12, 2026

The HIPAA Security Rule requires covered entities and business associates to conduct an accurate and thorough assessment of risks to electronic protected health information. The requirement recurs across HHS Office for Civil Rights resolution agreements more than almost any other provision. This sets out what the regulation says and how OCR has described the standard.

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