Legal Seminar, Denver, CO

Nebraska (LB 757) Removes the ability for a credit reporting agency to charge a fee for placing, temporarily removing or removing a security freeze. The law also adds requires any entity that conducts business in Nebraska and owns, licenses, or maintains PII to implement maintain appropriate security procedures and practices (applies also to third parties to which the entity discloses any such information to). New Hampshire (Ch. 209) Revises the procedures and requirements for the placement of a security freeze on a consumer’s credit report to, among other things, reduce the time period for the freeze to be placed, extend the right to place the freeze to any consumer not just those who have had an incident of identify theft, and prohibit the charging of any related fees. [Effective January 1, 2019] Oregon (Ch. 10) Prohibits the charging of fees in connection with a credit report security freeze. [Effective June 3, 2018] Rhode Island (Chas. 31 and 33) Prohibits a consumer credit reporting agency from charging any fee in connection with any security freeze service. [Effective September 1, 2018] South Dakota (HB 1127) Permits any person to request a security freeze on a credit report (previously only victims of documented identity theft could do so) and prohibits a credit reporting agency from charging a fee for the placement or removal of the security freeze. [Effective July 1, 2018] Tennessee (HB 1486) Prohibits the charging of a fee for the placing of a credit report security freeze where the individual is the victim of documented identity theft or the need to place the freeze was caused by the credit reporting agency. [Effective March 23, 2018] Vermont (H.B. 764) Amends the required procedures for requesting a credit report security freeze and removes the ability for a reporting agency to charge fees in connection with a freeze placement. [Effective May 22, 2018] Virginia (Ch. 264) Reduces the maximum amount that a credit reporting agency may charge to place, remove, or lift a security freeze on a consumer's credit report from $10 to $5. [Effective July 1, 2018] Data Breaches/Financial Privacy and Security Arizona (Ch. 177) Adds a new section to the statutes on network security regulating data security breaches. The law defines terms, sets investigation and more stringent notification requirements for data breaches of personal information, and identifies limited exemptions, including persons subject to Title V of the Gramm-Leach-Bliley Act. [Effective 91 st day after adjournment; projected adjournment April 28] California (Ch. 55) Enacts the California Consumer Privacy Act. The law grants consumers the right to request a business that collects a consumer’s personal information to disclose (1) the categories and specific pieces of personal information that it collects; (2) the categories of sources from which the information is collected; (3) the business purposes for collecting or selling the information; and (4) the categories of third-parties with which the information is shared. Businesses covered under the law must provide proactive disclosures before or at the point of collecting personal information. Consumers may direct a business not to sell the consumer’s personal information and the law details consumer Enactments: