With health-related data and how to protect it at the forefront of discussion since the start of the COVID-19 pandemic, this week California Governor Gavin Newsom signed into law two bills related to genetic data. First, AB 825, will expand the definition of personal information to include genetic data, for data breach notification requirements
OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace
When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is
Illinois Panel Issues Important Ruling on BIPA Statute of Limitations
On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information Privacy Act (“BIPA”) in Tims v. Black Horse Carriers, Inc. The Tims decision marks the first appellate guidance regarding this issue. Although
Baltimore Officially Bans Private Use of Facial Recognition Technology
Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became effective. The new ordinance prohibits the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022.
Ohio Introduces CCPA-like Consumer Privacy Bill
Consumer privacy issues are as a hot as ever, and on the radar of the state and federal legislature alike. Following in the footsteps of California, and most recently Virginia and Colorado, Ohio introduced a comprehensive consumer privacy bill, the Ohio Personal Privacy Act (the “Act”). By introducing the Act, Ohio follows the growing nation-wide
The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues
Cities step up their efforts to combat the COVID-19 Delta variant. New York City, New Orleans, and San Francisco have all announced requirements for certain persons to produce evidence of COVID vaccination status in order to patronize or work indoors at certain establishments. Adding to an already complex patchwork of COVID-related regulation –
As Facial Recognition Technology Surges, Organizations Face Privacy and Cybersecurity Concerns, and Fraud
Facial recognition technology has become increasingly popular in recent years in the employment and consumer space (e.g. employee access, passport check-in systems, payments on smartphones), and in particular during the COVID-19 pandemic. As the need arose to screen persons entering a facility for symptoms of the virus, including temperature, thermal cameras, kiosks, and other devices
Connecticut Enacts Safe Harbor from Punitive Damages in Data Breach Cases
Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from assessing punitive damages in data breach litigation against a covered defendant that created, maintained, and complied with
Colorado Becomes Third State To Enact a Comprehensive Privacy Law
Colorado is officially the third U.S. state to enact comprehensive privacy legislation, following California and Virginia. The Colorado General Assembly passed the Colorado Privacy Act (CPA), Senate Bill 21-109, on June 8, 2021, and Governor Jared Polis signed it into law on July 7, 2021.
The Colorado Privacy Act takes effect July 1,
The “New” EU Standard Contractual Clauses: FAQs for U.S. Organizations
Globalization, compliance, and the growth in outsourcing have created a myriad of cross-border data transfer scenarios. These scenarios include marketing to and servicing customers, assessing global compliance with diversity and including goals, and outsourcing back office business functions. However, the emergence of far reaching data privacy regulation, such as the EU General Data Protection Regulation