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Is the SEC Coming for Your Texts? SEC’s New Enforcement Director Telegraphs a Warning to Registrants About Improper Use of Personal Devices for Business-Related Communications

Data Matters

Securities and Exchange Commission (SEC) Division of Enforcement is stepping up investigative efforts looking at registered firms’ use of personal devices for business communications, which can implicate their recordkeeping obligations and result in failure to retain and produce responsive business-related communications in SEC investigations.

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Irish Data Protection Commission Publishes Annual Report for 2022

Hunton Privacy

The Report also includes a high-level breakdown of the categories of personal data breaches notified. The category with the highest number of notifications was unauthorized disclosure by postal material to an incorrect recipient.

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Apple Is Finally Encrypting iCloud Backups

Schneier on Security

After way too many years, Apple is finally encrypting iCloud backups : Based on a screenshot from Apple, these categories are covered when you flip on Advanced Data Protection: device backups, messages backups, iCloud Drive, Notes, Photos, Reminders, Safari bookmarks, Siri Shortcuts, Voice Memos, and Wallet Passes.

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New Hampshire Becomes 15th State to Enact a Comprehensive State Privacy Law

Hunton Privacy

Enforcement SB 255 does not contain a private right of action and would be enforced exclusively by the New Hampshire Attorney General. The NH legislature has reportedly allotted the state’s consumer protection division additional funds to support the enforcement of the law.

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SEC Encourages Self-Reporting of Recordkeeping Violations Resulting From Employees’ Use of Personal Devices for Business Communications

Data Matters

In announcing this enforcement action, the SEC encouraged registrants to self-report similar failures to the SEC. This enforcement action marks the latest step by the SEC Division of Enforcement (Division) to scrutinize registrants’ communication retention practices. The SEC action may embolden FINRA Enforcement in two ways.

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Counting Down to the EU NIS2 Directive

Thales Cloud Protection & Licensing

They start enforcing those measures the very next day. It also provides for more robust enforcement. NIS2 adds digital service providers, waste management, pharmaceutical and labs, space, and public administration to the ‘Essential’ sectors category. NIS2 adds to the initial directive in four key areas: 1.

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New Jersey Becomes 14th State to Enact a Comprehensive State Privacy Law

Hunton Privacy

Enforcement and Promulgating Regulations The law will be enforceable by the New Jersey Office of the Attorney General, and does not provide for a private right of action. If a violation is not cured, an enforcement action may be brought.

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