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Article 02/03/2023
The Video Privacy Protection Act (VPPA) was enacted in 1988, and provides that a video tape service provider who knowingly discloses the personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person. The law was put in place to “preserve personal privacy with respect to the rental, purchase or delivery of video tapes or similar audio visual materials.” S. REP. 599, 1988 U.S.C.C.A.N. Over the past decade, there has been a trickle of class action lawsuits filed under the VPPA, although in recent times, technological growth has allowed lawsuits to proliferate at a more rapid pace.
Article 01/09/2023
On December 27, 2022, the Supreme Court of Ohio unanimously ruled that a businessowners property insurance policy issued by Owners Insurance Co. (Owners) to EMOI Services, LLC (EMOI) did not afford coverage for losses sustained in a ransomware attack because computer software is “entirely intangible” and “cannot experience ‘direct physical loss or physical damage’.
Article 12/08/2022
As previously reported, on November 3, 2022, the federal district court for Minnesota, applying Minnesota substantive law, ruled that an insured was entitled to coverage under a Cyber Business Interruption clause for money lost in a fraudulent wire transfer incident.
Article 11/21/2022
The Data Protection and Digital Information Bill aims to reform the existing UK data protection regime following Brexit, namely the General Data Protection Regulation (GDPR). The Bill’s announcement in the Queen’s Speech follows the UK Government's consultation entitled ‘Data: a new direction’, which was published in September 2021.
Article 07/01/2022
Maryland has updated its Personal Information Protection Act (“PIPA”), and while PIPA may not be considered a “comprehensive” privacy law, the revisions to PIPA enacted under House Bill 962 (“the Act” or “HB 962”) will bring some of PIPA’s provisions in line with the comprehensive data privacy laws recently enacted by a handful of other states.
Article 06/30/2022
The Privacy Commissioner for Personal Data (“PCPD”) recently issued a new Guidance Note for the Property Management Sector, in response to a series of recent complaints concerning the collection, retention, use and disclosure of personal data by property managers. It provides important guidance for property managers on complying with the Data Protection Principles (“DPP”).
Article 05/11/2022
Connecticut is the fifth state to pass a comprehensive privacy law. Senate Bill 6, “An Act Concerning Personal Data Privacy and Online Monitoring” (“CTDPA” or “Act”), passed in both chambers of the state legislature on April 22, 2022, and April 28, 2022, respectively, and Governor Ned Lamont signed it into law on May 10, 2022. The Act will go into effect on July 1, 2023, with the exception of certain provisions.
Report 04/28/2022
In this report, Kennedys experts highlight recent legal and regulatory developments in the product safety and product liability sphere, and provide an overview of the key topics and trends that are likely to impact upon corporates and their insurers in the months ahead.
Article 04/21/2022
On March 22, 2022, the United States District Court for the District of Minnesota ruled that two ACE insurers were obligated to indemnify Target Corporation (“Target”) for the amounts it paid to settle claims related to replacement of payment cards impacted in a data breach, vacating an earlier decision in which the court found that Target was not entitled to coverage.
Article 03/23/2022
The 2022 ClaimsTech Summit was held in Sydney on 3 March and Kennedys was pleased to host a panel discussion concerning “Managing Insurance Regulatory Reforms”. The panel's discussion highlighted the importance of insurtech for Australian insurers in the 21st century.
