Every so often a law that was passed years ago quietly becomes a present-day compliance reality. Section 24220 of the 2021 Infrastructure Investment and Jobs Act is one of those laws. Tucked into an eleven-hundred-page infrastructure bill with little public debate, the “kill switch law” as it has come to be known by some, awaits
Data Privacy
Florida’s Digital Wiretapping Surge: What Businesses Need to Know About FSCA Litigation
A blend of evolving judicial interpretation, aggressive plaintiffs’ counsel, and decades-old statutory language has brought new life to the Florida Security of Communications Act (FSCA) as a vehicle for challenging commonplace website technologies.
At its core, the FSCA was enactedto protect privacy by prohibiting the unauthorized interception of wire, oral, or electronic communications — with…
Recent Developments in Artificial Intelligence and Privacy Legislation in New York State
New York State’s 2025 legislative session marked a notable moment in the evolution of artificial intelligence (AI) and privacy regulation. Governor Kathy Hochul signed the Responsible AI Safety and Education (RAISE) Act, creating one of the first state-level frameworks aimed specifically at the most advanced AI systems, while vetoing the proposed New York Health Information…
The Hidden Risks of Information Disclosure: A Costly Lesson from Cornwall
When Royal Cornwall Hospital responded to a routine Freedom of Information request in 2023, they had no idea they were about to expose sensitive staff data to the public. The hospital recently apologized after discovering that a spreadsheet published on their website contained hidden sickness absence data for 8,100 current and former employees spanning three…
Is a CCPA “Risk Assessment” Required When Using Dashcams?
Key Takeaways
- Outlines basic steps to determine whether a business may need to perform a risk assessment under the California Consumer Privacy Act (CCPA) in connection with its use of dashcams
- Provide a resource for exploring the basic requirements for conducting and reporting risk assessments
If you have not reviewed the recently approved, updated CCPA…
Understanding the CCPA’s New Risk Assessment Requirements – Part 1
The California Privacy Protection Agency (CPPA) has adopted significant updates to the California Consumer Privacy Act (CCPA) regulations, which were formally approved by the California Office of Administrative Law on September 23, 2025. These comprehensive regulations address automated decision-making technology, cybersecurity audits, and risk assessments, with compliance deadlines beginning in 2026. Among these updates, the…
Using Patient Photos in Marketing? OCR Settlement Highlights HIPAA Compliance Requirements
Businesses across many industries naturally want to showcase their satisfied customers. Whether it’s a university featuring successful graduates, a retailer highlighting happy shoppers, or a healthcare facility showcasing thriving patients, these real-world testimonials can be powerful marketing tools. However, when it comes to healthcare providers subject to HIPAA, using patient images and information for promotional…
AI Notetaking Tools Under Fire: Lessons from the Otter.ai Class Action Complaint
The rapid adoption of AI notetaking and transcription tools has transformed how organizations (and individuals) capture, analyze, and share meeting and other content. But as these technologies expand, so too do the legal and compliance risks. A recent putative class action lawsuit filed in federal court in California against Otter.ai, a leading provider of AI…
Rhode Island Takes Steps to Safeguard Judicial Officer Security
Rhode Island’s Governor recently signed the Rhode Island Judicial Security Act (H5892), which aims to bolster the privacy and security of current and former judicial officers and their families by introducing several measures to safeguard their personal information.
Definition of Protected Individuals
The Act defines “protected individuals” as current, retired, or recalled justices…
How a Texas Federal District Court Changed the HIPAA Reproductive Health Privacy Rule, But SCOTUS Decision May Say Not So Fast
- The broad prohibitions on disclosing protected health information (“PHI”) relating to reproductive health for law enforcement or investigatory purposes are vacated nationally.
- The attestation requirement that was included as