In simpler terms, SHIELD protects consumers by broadening what constitutes as a breach, requiring companies to implement stronger security measures, imposing stricter penalties on companies that suffer cyberattacks, and giving consumers greater transparency into how their personal data is protected.
First proposed shortly after the Equifax data breach in 2017, which affected 150 million consumers, SHIELD has undergone many revisions.
Entities that fall under certain data security requirements, including the Gramm-Leach-Bliley Act (GLBA) or Health Insurance Portability and Accountability Act (HIPAA) are not regulated under SHIELD.
Companies that fail to adopt and maintain reasonable safeguards on behalf of New York residents, via the SHIELD Act, can face civil action from the New York Attorney General’s Office, including monetary penalties. Individual residents’ private right of action to sue companies is not covered under SHIELD.
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