New York Latest State to Enact Cybersecurity Law

With its Stop Hacks and Improve Electronic Data Security (SHIELD) Act. New York joins a growing number of states that have enacted cybersecurity mandates. Potentially reaching persons and businesses outside of New York, the SHIELD Act, effective March 2020, seeks to protect New York residents from identity theft and similar crimes. It also applies to small businesses, although the nature and extent of their efforts can be proportionate based on certain factors, such as the size and complexity of the business. Unlike the California Consumer Privacy Act and certain other laws, the SHIELD Act does not create affirmative privacy rights, such as the right to request the deletion of personal information. But the SHIELD Act does require covered persons and businesses to develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of private information.