Kathie McDonald-McClure and Matt San Roman, members of Wyatt’s Data Privacy & Security Service Team, were recently interviewed for Corporate Counsel magazine. The article, “Tennessee Enacted the Toughest Data Breach Law Yet,” addresses the new amendment to the Tennessee Identity Theft Deterrence Act of 1999. The amendment, among other changes, may eliminate the “encryption safe harbor” rule (pending a legislative fix to other language that may keep it in). Other states may follow suit if cybercriminals demonstrate ways around popular encryption methods.
We recently posted an article about Tennessee’s amendment to its data breach notification law. This amendment has drawn much attention among cyber security professionals and corporate general counsel across the country. As Jennifer Williams-Alvarez reported in her article for Corporate Counsel magazine, cyber security was a plenary session topic at the 2016 Association of Corporate Counsel (ACC) Mid-Year Meeting in New York City this week. See “At ACC Event, Experts Say Data Breaches Are Inevitable. So Now What?”, Corporate Counsel (April 14, 2016)(Read more: here). In fact, an ACC Foundation report on the “State of Cybersecurity”, released in December 2015, said one-third of in-house counsel reported that their companies experienced a data breach and more than one-half reported increased spending in cybersecurity.
Matt San Roman and I spoke with Ms. Williams-Alvarez this morning. She is working on a follow-up article regarding the amendments (HB2005 and SA0618) to the Tennessee data breach law. When the article is published, we will provide a link here for those of you who are not currently Corporate Counsel subscribers. Stay tuned . . .