New York: Privacy Overview

Data privacy and cybersecurity attorneys Mark Francis and Sophie Kletzien wrote an article for OneTrust DataGuidance providing an overview of New York's data privacy laws and regulations. The guide begins by breaking down the general data breach notification and data security sections of the New York General Business Law and how they are enforced by the state attorney general (AG). They also highlight AG guidance on the New York Child Data Protection Act, website privacy controls and consumer protection implementation. The article then offers detailed analysis of the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), enacted in July 2019, that established various data breach and cybersecurity obligations. Mr. Francis and Ms. Kletzien cover the SHIELD Act's main requirements, including mandates around administrative, technical and physical safeguards to protect private information, as well as identify breach notification procedures outlined in the statute. Their piece brings a comprehensive guide to compliance with New York's data privacy regulatory framework, relevant for companies and counsel alike.

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