Federal and State Enforcement for Invasion of Privacy, Data Breaches, Failure to Comply with Notification Statutes Including the Impact of Recent CFPB Consent Orders for Misrepresentation of Security Practices, and ​Increased Focus from SEC and FINRA Regarding Cyber Security

September 29, 2016 1:00pm

Steve Kinion
Director, Bureau of Captive and Financial Insurance Products
Delaware Dept. of Insurance

C. Brad Schuelke
Assistant Attorney General, Consumer Protection Division
Texas Attorney General's Office

Vincente Martinez
Chief, Office of Market Intelligence, Division of Enforcement
U.S. Securities and Exchange Commission

Victoria Chou
Assistant United States Attorney
United States Attorney Office Central District of California

Deborah Marrone
Assistant Regional Director Northeast Regional Office
U.S. Federal Trade Commission

Travis LeBlanc
Chief, Bureau of Enforcement
FCC

Prashanth Mekala
Supervisory Special Agent, NY Field Office, Cyber Div.
FBI

Moderator:

Joseph Borg
Director
Ala. Sec. Commission

Federal
  • Enforcement actions from the FTC based on the FTC act
  • CFTC or Federal Reserve for financial institutions
  • HHC or OCR for healthcare data breaches
  • CFPB enforcement of data breach/cyber security issues following its consent order against Dwolla, Inc. alleging misrepresentation of security practices
  • Increased scrutiny from the SEC and FINRA on cyber security
  State
  • View from different states and case examples specifically
  • Breach notification letters
  • Multi state agency investigations: Federal investigation can happen as well as state investigations; Did you follow all the right protocols?; What does your information security program look like?; Do you have encryption?; Can you enter into protracted negotiation with state attorney generals
  • State attorney general’s activity in New York: Request for information; Conducting the investigation; Proposals for assurance of continuance; Laying out factual statement and providing remediation; Negotiation; Settlement; Trial
  • California attorney general enforcement actions; Number of forms and notification if a public or government funded entity