Data Breach Notification

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As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel must navigate a rapidly evolving landscape of legal and regulatory requirements. This National Privacy Day, it’s crucial to spotlight emerging issues in workplace technology…

Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive company data. These situations can severely impact a business, especially when departing employees abscond with confidential business information or trade secrets. Focusing on how the theft…

A massive data breach hit one of the country’s largest education software providers. According to EducationWeek, PowerSchool provides school software products to more than 16,000 customers, largely K-12 schools, that serve 50 million students in the United States. According to reports, PowerSchool informed customers that, on December 28, 2024, PowerSchool became aware of…

The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint:

The OAG received a consumer complaint stating that the consumer had contacted Arlington Westend Dental on multiple occasions to receive copies of their x-rays, but Arlington Westend Dental stated it no longer…

Governor Kathy Hochul signed several bills last month designed to strengthen protections for the personal data of consumers. One of those bills (S2659B) makes important changes to the notification timing requirements under the Empire State’s breach notification law, Section 899-aa of the New York General Business Law. The bill was effective immediately…

No organization can eliminate data breach risks altogether, regardless of industry, size, or even if the organization has taken significant steps to safeguard their systems and train employees to avoid phishing attacks. Perhaps the most significant reason these risks remain: third-party service providers or vendors.

For most businesses, particularly small to medium-sized businesses, service providers…

When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal data of individuals acting in a commercial or employment context. Last week, Colorado amended the CPA to broaden the protections…

On May 1, 2024, amendments to Utah’s cybersecurity and data breach notification law took effect.

The state’s cybersecurity and data breach notification law requires an organization that conducts business in the State of Utah to prevent the unlawful use or disclosure of personal information collected by the organization.

Under the requirements, if an organization that…

As organizations continue to take steps to prevent cyberattacks, a near-universal recommendation is that they should implement multi-factor authentication (MFA), and for good reason. Organizations subject to the updated FTC Safeguards Rule, for example, are required to implement MFA. The Cybersecurity & Infrastructure Security Agency (CISA) includes MFA as a best practice. And…

For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI) likely triggers obligations to notify affected individuals, the federal Office of Civil Rights (OCR), potentially the media and other entities. The breach also may require…