On July 25, 2019, New York Governor Andrew Cuomo signed the Stop Hacks and Improve Electronic Data Security Act, or SHIELD Act (the Act) into law, which provides significant changes to New York’s Information Security Breach and Notification Act.

The Act establishes three major changes: (1) expands the data elements that may trigger data breach notification to include biometric information, user names or e-mail addresses, and account, credit or debit card number; (2) broadens the definition of a breach to include unauthorized “access” (in addition to unauthorized “acquisition”) and (3) creates a new reasonable security requirement for companies to “develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of” private information of New York residents. The first two changes take effect on Oct. 23, 2019; the third change becomes effective on March 21, 2020.

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