July 15, 2019

July 15, 2019

Subscribe to Latest Legal News and Analysis

US Breach Laws Are Coming: Iowa

As we approach 2019, companies will want to keep in mind the changes that are coming to various US states’ breach notice laws. On January 1, 2019 Iowa’s law, which has already been amended twice since it was passed in 2008, will change again.

Under this update companies subject to and compliant with HIPAA will have certain exceptions under the law. Previously only financial entities could take advantage of such exceptions. This change brings Iowa in line with many other states with similar exemptions.  Encrypted will now be defined to mean a method that meet industry standards.  Finally, the attorney general will need to be notified five days after notice is made to impacted individuals. This is instead of five days after discovering the breach.

Putting it Into Practice: Companies with nationwide incident response plans will want to tweak the deadlines for the AG notification in Iowa. They will also want to keep the definition of encryption in mind as well as new the HIPAA exemption

See Recent Update about South Carolina's Insurance Breach Notification Guidelines

Copyright © 2019, Sheppard Mullin Richter & Hampton LLP.

TRENDING LEGAL ANALYSIS


About this Author

Liisa Thomas, Sheppard Mullin Law Firm, Chicago, Cybersecurity Law Attorney
Partner

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Co-Chair of the Privacy and Cybersecurity Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” Liisa is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and...

312-499-6335
Shanna Pearce, Sheppard Mullin, San Diego, litigation, class action, intellectual property, IP, copyrights, false advertising, commercial litigation, lanham act, unfair competition
Associate

Ms. Pearce represents businesses in the areas of intellectual property and commercial litigation, from trademark and copyright matters to consumer class actions. She has represented Fortune 500 companies in complex actions involving allegations of copyright violation, breach of contract, fraud, and unfair business practices. She has also defended retailers and financial institutions in class actions alleging violations of statute and federal laws relating to false advertising, unfair competition, pricing practices, and lending disclosures. Ms. Pearce’s litigation experience ranges from pre-suit strategy and advice to post-trial proceedings, with a special focus on appellate issues. She also has significant experience in private domestic and international arbitrations.

Ms. Pearce co-chairs the Bench-Bar Committee of Lawyers Club of San Diego, and is an active member of both the San Diego County Bar Association Appellate Section and the San Diego Appellate Inn of Court. She is a member of Sheppard Mullin’s own Pro Bono Committee and coordinates pro bono training and case placement in the Del Mar office. Ms. Pearce’s pro bono practice focuses on asylum and other immigration matters for victims of persecution, torture, and domestic violence.

858-720-7475