Data Matters In Cybersecurity

The National Association of Insurance Commissioners (NAIC) held its Summer 2025 National Meeting (Summer Meeting) August 10–13, 2025. This blog summarizes the highlights from this meeting in addition to interim meetings held in lieu of taking place during the Summer Meeting. Highlights include adoption of guidance on asset adequacy testing for reinsurance transactions, renewed focus on the risks of offshore reinsurance transactions, evaluation of insurers’ use of funding-agreement-backed note (FABN) and funding-agreement-backed securities (FABS) programs, and consideration of additional regulatory frameworks to address insurers’ use of artificial intelligence (AI). The post Regulatory Update: National Association of Insurance Commissioners Summer 2025 National Meeting appeared first on Data Matters Privacy Blog.

Texas has amended its telephone solicitation and telemarketing law (the Texas “mini-TCPA” — after the federal Telephone Consumer Protection Act) to require certain businesses that engage in text marketing to register with the Texas Secretary of State and make detailed disclosures, pay registration fees, and post a $10,000 security deposit. The amendments, which were enacted by Senate Bill 140 and went into effect on September 1, 2025, also make certain violations of the Texas mini-TCPA de facto violations of the state’s deceptive trade practices law, which includes a private right of action and can carry significant penalties. While the law includes several provisions that will likely exempt established businesses that obtain one-to-one opt-in consent for text marketing messages and other types of calls, in light of the substantial fines and private right of action, businesses will want to carefully review the application of these new amendments to their marketing programs. The post Texting in Texas: The State Expands Telemarketing Registration Requirements to Include Text Marketers appeared first on Data Matters Privacy Blog.

On August 26, 2025, the Third Circuit issued an opinion in NRA Group, LLC v. Durenleau, limiting the application of the CFAA in the workplace. In a case of first impression for the Third Circuit, the Court specifically held that employees with legitimate access to company systems did not violate the CFAA by violating their employer’s computer-use policies absent any “evidence of code-based hacking.” Applying the Supreme Court’s Van Buren v. United States “gates-up-or-down” framework, the Third Circuit interpreted “without authorization” and “exceeds authorized access” under the CFAA narrowly – focusing on actual access prohibitions and restrictions. The ruling thus shields workplace computer-use policy violations by current employees, such as password sharing or improper data use, from CFAA liability (both civil and criminal) and steers employers toward other legal remedies. The post <em>Van Buren</em> in Action: Third Circuit Rejects Application of the Computer Fraud and Abuse Act (CFAA) to Violations of Workplace Policies appeared first on Data Matters Privacy Blog.

Earlier this month, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), released a new Frequently Asked Question (FAQ) related to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, which establishes national standards to safeguard “protected health information” or “PHI.” The post New Digital Health Ecosystem and HIPAA Flexibilities Facilitate Sharing of Patient Health Information appeared first on Data Matters Privacy Blog.

Sidley lawyers David Lashway, John Woods, Jennifer Seale, and Francesca Blythe have authored the chapter “Complying with regulatory requirements and SEC guidance” within The Guide to Cyber and Data Privacy Investigations – Fourth Edition. The post The Guide to Cyber and Data Privacy Investigations – Fourth Edition appeared first on Data Matters Privacy Blog.

The new UK Data (Use and Access) Act 2025 came into force on June 19. Applying in phases through June 2026, the Act will reform, in part, how the UK regulates personal and non-personal data. The post The UK Data (Use and Access) Act 2025: Implications For Financial Services appeared first on Data Matters Privacy Blog.

The European Commission (Commission) has launched a public consultation on a proposed new law — the Digital Fairness Act (DFA) — aimed at strengthening consumer protection in digital markets. The goal is to fill perceived regulatory “gaps” left by recent EU digital regulations, including the Digital Services Act (DSA) and Digital Markets Act (DMA). The post EU Consults on Digital Fairness Act: Big Changes Ahead for Consumer-Facing Platforms appeared first on Data Matters Privacy Blog.

During the first half of 2025, state legislators and regulators have been working overtime to enact new data privacy laws and expand existing laws, all of which are likely to have an impact on businesses in the remainder of the year and into 2026.  These efforts reflect key themes such as increased regulation of teen data and social media platforms, enhanced restrictions on the collection and sale of geolocation and biometric data, simplified opt-out mechanisms for tracking technologies, and broader obligations concerning consumer health data and data minimization. In parallel, significant regulatory activity surrounding AI has emerged, including a new federal AI Action Plan and proposed amendments to the CCPA addressing automated decision-making technologies, alongside a wave of new state AI laws. The post A Mid-Year Privacy Check-In – Important Developments and New Compliance Obligations for Privacy Laws appeared first on Data Matters Privacy Blog.

On July 23, 2025, the Trump administration released its much-anticipated AI Action Plan, outlining 90 federal policy positions across three key pillars: Accelerating Innovation, Building American AI Infrastructure, and Leading in International Diplomacy and Security. These pillars are designed to guide near-term action and are underpinned by three cross-cutting priorities: protecting and promoting American workers, ensuring that artificial intelligence (AI) systems are trustworthy and free from ideological bias, and safeguarding AI from misuse, theft, or other risks posed by malicious actors. The scope of the AI Action Plan demonstrates the far-reaching impact of AI, with policy positions affecting not only technology but also trade, national security, cybersecurity, energy, labor, education, environmental regulation, antitrust, science, and financial markets. The post The Trump Administration’s 2025 AI Action Plan – <em>Winning the Race: America’s AI Action Plan</em> – and Related Executive Orders appeared first on Data Matters Privacy Blog.

The California Privacy Protection Agency (Agency) on Thursday, July 24, 2025, approved a comprehensive set of new California Consumer Privacy Act (CCPA) regulations that the Agency has been developing for over four years. Before taking effect, the proposed regulations must still be approved by California’s Office of Administrative Law (OAL). It is possible some of these provisions may change with the OAL’s review, which must be completed within 30 business days after the Agency submits to the OAL its final rulemaking package. However, many expect that most of the proposed regulations will pass OAL review. If approved, several of the proposed regulations would be effective as of January 1, 2026. The post California Privacy Protection Agency Advances Substantial Rulemaking – Cyber Audits, Risk Assessments, New Automated Decisionmaking Technologies Rights, and More appeared first on Data Matters Privacy Blog.