As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our most popular topics and posts from 2024.

Expanding State Privacy Laws

This year saw a further expansion of state comprehensive consumer data privacy laws. These legislative measures aim to enhance the protection of consumer data, ensuring greater transparency and accountability for businesses that collect and process personal information. Several states introduced robust frameworks designed to safeguard consumer privacy. Whether you are an attorney, an executive, or a leader in human resources, marketing, operations, risk management, and of course IT, it is vital to stay informed about these evolving legal standards and their implications for both businesses and consumers.

Read more on these developments:

Bluegrass State Becomes Third State to Pass a Comprehensive Consumer Privacy Data Law in 2024

Maryland Passes Comprehensive Data Privacy Law, Joining the Swelling State Ranks

Minnesota Passes a Comprehensive Consumer Data Privacy Law

Nebraska Adds to the List of States That Have Enacted a Comprehensive Consumer Data Privacy Law

New Hampshire Passes Comprehensive Consumer Data Privacy Law

New Jersey Legislature Enacts the First Consumer Privacy Law of 2024

Rhode Island Passes a Comprehensive Consumer Data Privacy Law

Growing AI Regulation

In 2024, the landscape of artificial intelligence (AI) regulation experienced significant changes, reflecting the rapid advancements and widespread adoption of AI technologies across various industries. Regulators have increasingly focused on addressing the ethical, legal, and privacy implications of AI, leading to new laws and amendments aimed at safeguarding individuals’ rights and ensuring transparency in AI deployment. One example at the federal level is the use of AI when conducting background checks and potential Fair Credit Reporting Act (FCRA) implications. A notable example at the state level is Illinois which made significant amendments to its Human Rights Act, setting a precedent for other states by incorporating specific provisions related to AI.

Read more about these developments:

AI Regulation Continues to Grow as Illinois Amends its Human Rights Act

AI Notetakers – Evaluating the Risks Along with the Benefits

3 Key Risks When Using AI for Performance Management and Ways to Mitigate Them

AI and Other Decision-Making Tools: Does the Fair Credit Reporting Act Apply?

Data Breach Risks Escalate

Businesses faced significant regulatory and legislative developments pertaining to data breaches in 2024, reflecting the growing need to protect sensitive information in an increasingly digital world. Key updates include the strengthening of breach notification requirements by multiple states, such as Utah, and the emphasis on multi-factor authentication to prevent unauthorized access. The rising scrutiny and evolving legal landscape underscore the necessity for businesses to implement robust cybersecurity measures and comply with updated data breach notification laws to mitigate risks and avoid severe penalties.

Read more about these developments:

Utah Updates to Breach Notification Requirements Take Effect

Multi-factor Authentication (MFA) Bypassed to Permit Data Breach

Website Tracking Concerns for Business

In 2024, the scrutiny surrounding website tracking technologies has intensified significantly. It has become critical for businesses to understand the evolving legal landscape of online tracking practices. Increased regulatory pressure and new legislative measures across different states have highlighted the need for businesses to implement robust privacy policies. These policies must comply not only with state-specific regulations but also with broader federal guidelines, ensuring the protection of consumer data and transparency in data collection. Moreover, recent guidance from the New York Attorney General and other regulatory bodies has emphasized that non-compliance can lead to severe penalties, making it imperative for online retailers and all businesses employing website tracking technologies to stay abreast of the latest legal requirements and best practices.

Read more about these developments:

California Invasion of Privacy Act Violations Aimed at Online Retailers

The Spotlight Shines Even Brighter: New York Attorney General Publishes Guidance On Businesses’ Use Of Website Tracking Technologies

Litigation Under Wiretap Law and What Website Owners Need to Know

Administrative Guidance on Cybersecurity

This year several administrative agencies issued guidance on cybersecurity, emphasizing the critical importance of protecting sensitive data and ensuring robust security measures across various sectors. This year, the Department of Labor (DOL) expanded fiduciary obligations to include cybersecurity for health and welfare plans, reflecting a growing recognition of the vulnerabilities and risks associated with inadequate cybersecurity practices. When plan fiduciaries set out to assess their plan service providers, they might consider amendments the Securities and Exchange Commission (SEC) made in 2024 to Regulation S-P which regulates many of those same service providers. If the service provider is subject to S-P, confirming they comply with the SEC requirements for an incident response plan and other cybersecurity policy and procedure requirements, would help the fiduciaries satisfy their obligation to make prudent selections.

Read more about these developments:

DOL Expands Fiduciary Obligations for Cybersecurity to Health and Welfare Plans

Why Retirement Plan Sponsors and Fiduciaries Need to Know about the SEC Cybersecurity Amendments

The Broadening Data Security Mandate: SEC Incident Response Plan and Data Breach Notification Requirements

Jackson Lewis will continue to track important developments in privacy, data management, and cybersecurity in the new year. If you have questions about these or other related issues, contact a Jackson Lewis attorney to discuss.

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Photo of Jason C. Gavejian Jason C. Gavejian

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy…

Jason C. Gavejian is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, Data and Cybersecurity practice group. Jason is also a Certified Information Privacy Professional (CIPP/US) with the International Association of Privacy Professionals.

As a Certified Information Privacy Professional (CIPP/US), Jason focuses on the matrix of laws governing privacy, security, and management of data. Jason is co-editor of, and a regular contributor to, the firm’s Workplace Privacy, Data Management & Security Report blog.

Jason’s work in the area of privacy and data security includes counseling international, national, and regional companies on the vast array of privacy and security mandates, preventive measures, policies, procedures, and best practices. This includes, but is not limited to, the privacy and security requirements under state, federal, and international law (e.g., HIPAA/HITECH, GDPR, California Consumer Privacy Act (CCPA), FTC Act, ECPA, SCA, GLBA etc.). Jason helps companies in all industries to assess information risk and security as part of the development and implementation of comprehensive data security safeguards including written information security programs (WISP). Additionally, Jason assists companies in analyzing issues related to: electronic communications, social media, electronic signatures (ESIGN/UETA), monitoring and recording (GPS, video, audio, etc.), biometrics, and bring your own device (BYOD) and company owned personally enabled device (COPE) programs, including policies and procedures to address same. He regularly advises clients on compliance issues under the Telephone Consumer Protection Act (TCPA) and has represented clients in suits, including class actions, brought in various jurisdictions throughout the country under the TCPA.

Jason represents companies with respect to inquiries from the HHS/OCR, state attorneys general, and other agencies alleging wrongful disclosure of personal/protected information. He negotiates vendor agreements and other data privacy and security agreements, including business associate agreements. His work in the area of privacy and data security includes counseling and coaching clients through the process of investigating and responding to breaches of the personally identifiable information (PII) or protected health information (PHI) they maintain about consumers, customers, employees, patients, and others, while also assisting clients in implementing policies, practices, and procedures to prevent future data incidents.

Jason represents management exclusively in all aspects of employment litigation, including restrictive covenants, class-actions, harassment, retaliation, discrimination, and wage and hour claims in both federal and state courts. He regularly appears before administrative agencies, including the Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR), the New Jersey Division of Civil Rights, and the New Jersey Department of Labor. Jason’s practice also focuses on advising/counseling employers regarding daily workplace issues.

Jason’s litigation experience, coupled with his privacy practice, provides him with a unique view of many workplace issues and the impact privacy, data security, and social media may play in actual or threatened lawsuits.

Jason regularly provides training to both executives and employees and regularly speaks on current privacy, data security, monitoring, recording, BYOD/COPE, biometrics (BIPA), social media, TCPA, and information management issues. His views on these topics have been discussed in multiple publications, including the Washington Post, Chicago Tribune, San Francisco Chronicle (SFGATE), National Law Review, Bloomberg BNA, Inc.com, @Law Magazine, Risk and Insurance Magazine, LXBN TV, Business Insurance Magazine, and HR.BLR.com.

Jason is the co-leader of Jackson Lewis’ Hispanic Attorney resource group, a group committed to increasing the firm’s visibility among Hispanic-American and other minority attorneys, as well as mentoring the firm’s attorneys to assist in their training and development. He also previously served on the National Leadership Committee of the Hispanic National Bar Association (HNBA) and regularly volunteers his time for pro bono matters.

Prior to joining Jackson Lewis, Jason served as a judicial law clerk for the Honorable Richard J. Donohue on the Superior Court of New Jersey, Bergen County.

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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP)…

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Privacy and cybersecurity experience – Joe counsels multinational, national and regional companies in all industries on the broad array of laws, regulations, best practices, and preventive safeguards. The following are examples of areas of focus in his practice:

  • Advising health care providers, business associates, and group health plan sponsors concerning HIPAA/HITECH compliance, including risk assessments, policies and procedures, incident response plan development, vendor assessment and management programs, and training.
  • Coached hundreds of companies through the investigation, remediation, notification, and overall response to data breaches of all kinds – PHI, PII, payment card, etc.
  • Helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the California Consumer Privacy Act.
  • Working with organizations to develop and implement video, audio, and data-driven monitoring and surveillance programs. For instance, in the transportation and related industries, Joe has worked with numerous clients on fleet management programs involving the use of telematics, dash-cams, event data recorders (EDR), and related technologies. He also has advised many clients in the use of biometrics including with regard to consent, data security, and retention issues under BIPA and other laws.
  • Assisting clients with growing state data security mandates to safeguard personal information, including steering clients through detailed risk assessments and converting those assessments into practical “best practice” risk management solutions, including written information security programs (WISPs). Related work includes compliance advice concerning FTC Act, Regulation S-P, GLBA, and New York Reg. 500.
  • Advising clients about best practices for electronic communications, including in social media, as well as when communicating under a “bring your own device” (BYOD) or “company owned personally enabled device” (COPE) environment.
  • Conducting various levels of privacy and data security training for executives and employees
  • Supports organizations through mergers, acquisitions, and reorganizations with regard to the handling of employee and customer data, and the safeguarding of that data during the transaction.
  • Representing organizations in matters involving inquiries into privacy and data security compliance before federal and state agencies including the HHS Office of Civil Rights, Federal Trade Commission, and various state Attorneys General.

Benefits counseling experience – Joe’s work in the benefits counseling area covers many areas of employee benefits law. Below are some examples of that work:

  • As part of the Firm’s Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans to comply with ERISA, IRC, ACA/PPACA, HIPAA, COBRA, ADA, GINA, and other related laws.
  • Guiding clients through the selection of plan service providers, along with negotiating service agreements with vendors to address plan compliance and operations, while leveraging data security experience to ensure plan data is safeguarded.
  • Counsels plan sponsors on day-to-day compliance and administrative issues affecting plans.
  • Assists in the design and drafting of benefit plan documents, including severance and fringe benefit plans.
  • Advises plan sponsors concerning employee benefit plan operation, administration and correcting errors in operation.

Joe speaks and writes regularly on current employee benefits and data privacy and cybersecurity topics and his work has been published in leading business and legal journals and media outlets, such as The Washington Post, Inside Counsel, Bloomberg, The National Law Journal, Financial Times, Business Insurance, HR Magazine and NPR, as well as the ABA Journal, The American Lawyer, Law360, Bender’s Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy, and Data Security Law Journal.

Joe served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.

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