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And Then There Were Two: New Mexico Set to Become 48th State to Enact Data Breach Notification Law

The New Mexico Legislature passed the ‘ Data Breach Notification Act ’ (the Act) on March 15. Governor Susana Martinez has 20 days from the date the Act was passed to sign it into law. If enacted, the Act would require a person, other than a person who is subject to the  Health Insurance Portability and Accountability Act of 1996  or the  Gramm-Leach-Bliley Act , that “owns or maintains” records containing a New Mexico resident’s personal identifying information (PII) to notify the resident if his or her PII is “reasonably believed” to have been subject to a security breach. In most cases, notification is required within 45 days. Under the Act, PII is defined as an individual’s last name and first name or first initial in combination with one or more specified data elements, when the data elements are not rendered unreadable or unusable through encryption, redaction, or another means. The five specified data elements or categories of data elements in the Act are (i) social security

Five Days Without Email - DLA Piper Cyber Attack

“Following the widely reported malware incident that occurred on Tuesday, 27 June, we have brought our email safely back online, and continue to bring other systems online in a secure manner,” DLA Piper said. “We have seen no evidence that client data was taken or that there was a breach of confidentiality of that data. Our investigation is ongoing and, as always, protecting client information remains our critical priority.” http://www.jdjournal.com/2017/07/04/dla-piper-email-system-restored-after-cyber-attack/ Would it be a breach of attorney-client privilege to admit that confidential client information had been taken?