As access to COVID-19 vaccines becomes more prevalent, and we begin to conceptualize what a post-pandemic world might look like, many governments are assessing the idea of a COVID-19 vaccine passport framework. In late March, the European Commission announced its plan for a COVID-19 Digital Green Certificate framework (“the framework”) to facilitate “safe free movement
Consumer Privacy
CPRA Series: The CPRA and Risk Assessments
The California Privacy Protection Act (CPRA) amended the California Consumer Privacy Act (CCPA) and has an operative date of January 1, 2023. The CPRA introduces new compliance obligations including a requirement that businesses conduct risk assessments. While many U.S. companies currently conduct risk assessments for compliance with state “reasonable safeguards” statutes (e.g., Florida, Texas…
Florida Moves Forward a Revised Consumer Privacy Bill
Will Florida be the next state to enact a comprehensive consumer privacy law? It sure is starting to look like a viable possibility. With the California Consumer Privacy Act (“CCPA”) in full effect, and the recent enactment of Virginia’s Consumer Data Protection Act (“CDPA”), there has been a flurry of state privacy legislative proposals since…
Developing a Privacy and Cybersecurity Training Program for Employees
Increased remote work due to the COVID-19 pandemic has only exacerbated privacy and cybersecurity concerns, and likely has not changed the finding in Experian’s 2015 Second Annual Data Breach Industry Forecast:
Employees and negligence are the leading cause of security incidents but remain the least reported issue.
A more recent state of the industry…
COVID-19 Vaccination: Setting Up An On-site Program
The Biden administration reportedly has called for all people at least 18 to be eligible for the COVID-19 vaccine by April 19, 2021, two weeks earlier than its prior goal of May 1, and less than a week away. Most states have already done so. Without the barriers created by state-by-state priority rules, the…
5 Key Data Privacy and Security Risks That Arise When Organizations Record Job Interviews & Strategies for Mitigating Them
COVID-19 drove many formerly in-person interactions onto a variety of video conferencing platforms. But as millions of vaccinations are administered each day, and case numbers decline, it’s now possible to imagine and plan for the time when conducting business over video will no longer be mandatory.
For many organizations, though, COVID-19 has led to an…
Utah is the 2nd State to Create a Safe Harbor for Companies Facing Data Breach Litigation
In mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons (defined below) facing a cause of action arising out of a breach of system security, and establishing the requirements for asserting such…
Travel 2.0: Vaccine Passports and Visas—What’s Next on the Horizon
One of the industries perhaps hardest hit by the coronavirus, the travel industry, received welcomed news late last week in the form of CDC guidance stating that people fully vaccinated against COVID-19 can resume domestic travel and do not need to get tested for COVID-19 before or after travel or self-quarantine after travel.
According to…
Supreme Court Issues Monumental TCPA Decision
In a decision certain to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, today the U.S. Supreme Court concluded narrowly that to qualify as an “automatic telephone dialing system”, a device must be able to either “store a telephone number using a random or sequential generator or to produce a telephone…
Colorado Introduces a Comprehensive Consumer Privacy Bill
Colorado recently became the latest state to consider a comprehensive consumer privacy law. On March 19, 2021, Colorado State Senators Rodriguez and Lundeen introduced SB 21-190, entitled “an Act Concerning additional protection of data relating to personal privacy”. Following California’s bold example of the California Consumer Privacy Act (“CCPA”) effective since January 2020, Virginia…