Archives: Data Security

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Upcoming Deadlines for Covered Entities Subject to NYS DFS Cybersecurity Regulations

Last week, the New York State Department of Financial Services (“DFS”) issued a press release to remind covered entities of an upcoming deadline under the DFS cybersecurity regulations.  The next deadline under the regulations is February 15, 2018 – by that date, any covered entities (hopefully, you know who you are) must submit a statement … Continue Reading

ABA Gets Lawyers Heightened Protections for Device Searches at International Borders

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which allows searches and seizures at international borders or an equivalent (e.g. international airports) without probable cause or a warrant. CBP’s searches are deemed “reasonable” … Continue Reading

Top 10 for 2018 – Happy Data Privacy Day

This Sunday, January 28, is Data Privacy Day, which Congress recognized on Jan. 27, 2014, when it adopted S. Res. 337, supporting the designation. As noted by the National Cyber Security Alliance, Data Privacy Day began in the United States and Canada in January 2008, an extension of the Data Protection Day celebration in Europe. Don’t … Continue Reading

South Dakota May Become 49th State to Pass a Data Breach Notification Law

Only two states in the United States lack data breach notification statutes, but that may change in 2018. If legislation pending in South Dakota passes, Alabama would be the only state without a data breach notification law. South Dakota Senate Bill No. 62 would create a breach notification requirement for any person or business conducting … Continue Reading

Employers Can Be Vicariously Liable for Employee Data Breaches

The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113 (QB]). Similar results have been reached in the U.S., but this is the first time the UK Court has addressed the issue of whether … Continue Reading

Connecticut Supreme Court: Health Care Providers Can Be Sued for Unauthorized Disclosures of Confidential Information

Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making similar disclosures can expose the practice to civil litigation. A recent decision by the Connecticut Supreme Court (Byrne v. Avery Center for Obstetrics and … Continue Reading

North Carolina AG Proposes Stronger Breach Notification and Personal Information Safeguard Requirements

Citing to estimates in 2017 “more than 5.3 million North Carolinians were … affected by a data breach,” Attorney General Josh Stein and Rep. Jason Saine announced on January 8 proposed legislation aimed at protecting state residents from becoming victims of identity theft. To do so, the “Act to Strengthen Identity Theft Protections” (see fact … Continue Reading

U.S. Employers with EU Employees Gearing Up for GDPR

With the continuing parade of high profile data security breaches, the concern U.S. organizations have about the security of their systems and data has been steadily growing. And rightly so. Almost every organization processes (collects, uses, stores, or transmits) individually identifiable data. Much of this data is personal data, including employee data, which brings heightened … Continue Reading

Does the GDPR Apply to Your US-based Company?

If you’ve been following the headlines, you know that a day doesn’t pass without a reference to the “GDPR”. On May 25, 2018, the European Union (EU) General Data Protection Regulation (GDPR) will take effect, marking the most significant change to European data privacy and security in over 20 years. Most multinational companies, and of … Continue Reading

Illinois Court of Appeals Holds BIPA Plaintiffs Must Allege Some Actual Harm

In a ruling that may have significant impact on the recent wave of biometric privacy suits, an Illinois state appeals court held that plaintiffs must claim actual harm to be considered an “aggrieved person” covered by Illinois’ Biometric Information Privacy Act (BIPA), in a dispute arising from the alleged unlawful collection of fingerprints from a … Continue Reading

Federal Court Permits Former Employees’ Data Breach Claims to Move Forward

A data breach occurs in which an outside individual obtains your company’s employees’ W-2 forms including social security numbers, addresses, and salary information. As a result, your company notifies all affected employees, explains what occurred, and offers a complimentary two-year membership to a service that helps detect misuse of personal information.   Is your company liable … Continue Reading

Senate Bill Introduced to Protect Personally Identifiable Information

Primarily motivated by several recent massive data breaches, Senate Democrats recently introduced a bill geared toward protecting Americans’ personal information against cyber attacks and to ensure timely notification and protection when data is breached. The Consumer Privacy Protection Act of 2017 provides that companies that collect and hold data on at least 10,000 Americans would … Continue Reading

Elder Abuse: Are Granny Cams a Solution, a Compliance Burden, or Both?

  In Minnesota, 97% of the 25,226 allegations of elder abuse (neglect, physical abuse, unexplained serious injuries and thefts) in state-licensed senior facilities in 2016 were never investigated. This prompted Minnesota Governor, Mark Dayton, to announce plans last week to form a task force to find out why. As one might expect, Minnesota is not … Continue Reading

Lessons To Be Learned From The Breach Of Nearly 500,000 Individual Health Records Reported In September 2017

A recent report indicates that nearly 500,000 individual health records were breached in September 2017. This figure is taken from the 39 healthcare data breaches involving more than 500 records that were reported to the Department of Health and Human Services’ Office for Civil Rights in September 2017.  Healthcare providers suffered the most breaches with … Continue Reading

SCOTUS Will Not Review CFAA Password Sharing Case

The United State Supreme Court recently denied certiorari in Nosal v. United States, 16-1344, declining to weigh in on the scope of unauthorized access under the Computer Fraud and Abuse Act (“CFAA”). The Ninth Circuit held in Nosal that David Nosal violated the CFAA by using his past assistant’s password to access his former employer’s … Continue Reading

USCIS: Watch Out For I-9 Email Scams

As reported on our Global Immigration Blog, the U.S. Citizenship and Immigration Services (USCIS) has issued a notice regarding scam email requests for I-9 information.  According to USCIS, employers have received scam emails that appear to come from USCIS.  These scam emails come from a fraudulent email address (news@uscis.gov) and the body of the email may contain USCIS and … Continue Reading

New York AG Announces SHIELD Act

On November 2nd, New York Attorney General Eric T. Schneiderman announced his proposal of the SHIELD Act – Stop Hacks and Improve Electronic Data Security Act – a bill that would heighten data security requirements for companies and better protect New York residents from data breaches of their personal information. “It’s clear that New York’s … Continue Reading

State AGs Argue That Federal Data Security Legislation Should Set Floor, Not Ceiling

The flood of massive data breaches – including, most recently, the Equifax breach that compromised the personal data of around 145 million U.S. consumers – has increased the pressure on Congress to pass sweeping federal data security and breach reporting legislation. While it’s difficult to project whether such legislation will be enacted in the near … Continue Reading

Illinois Nursing Home Faces Employee Class Action Based on State Biometric Privacy Act

An Illinois nursing home is facing a putative class action lawsuit filed by a worker who argues that the facility’s required fingerprint scan for timekeeping poses a threat to their privacy, and violates Illinois’s Biometric Information Privacy Act (“BIPA”). From July 2017 to October 2017, at least 26 employment class actions based on the BIPA … Continue Reading

The EU – US Privacy Shield Passed its First Annual Review

The European Commission recently issued an overall positive review in its first annual report on the E.U. – U.S. Privacy Shield (“Privacy Shield”),  after evaluating the Privacy Shield in its joint review with the US last month. The Privacy Shield took effect in August 2016 replacing the EU – US Safeharbor that was invalidated by … Continue Reading

Industry Report calls for National Internet of Things Strategy

A coalition of the Information Technology Industry Council, the Semiconductor Industry Association, the U.S. Chamber of Commerce Technology Engagement Center, Intel, and Samsung, recently released a report that puts out a call for the creation and implementation of a national strategy to invest, innovate and accelerate development and deployment of the Internet of Things (“IoT”). … Continue Reading

VOTE 2017 – We’re back thanks to you!

We are proud to once again announce that the Workplace Privacy Report has been nominated for The Expert Institute’s Best Legal Blog Competition. From a field of thousands of nominees, the Workplace Privacy Report has received enough nominations to join one of the largest competitions for legal blog writing online today.  If you enjoy the Workplace … Continue Reading

And Now, in Recent New York Cybersecurity Action…

New York State Governor Andrew Cuomo and the New York State Department of Financial Services (“DFS”) have been busy on the cybersecurity front. In a press release on September 18, 2017, building upon the state’s pride in its “first-in-the-nation” cybersecurity regulations that were passed earlier this year, (which we previously discussed on our blog and … Continue Reading

Lenovo-FTC Consent Order Calls For 20-Year Monitoring Period

Laptop-maker Lenovo (United States), Inc. agreed to a no-fault settlement with the Federal Trade Commission and 32 states over allegations that it installed ad software that compromised customers’ web security and invaded users’ privacy. As part of the Consent Order, Lenovo agreed that it would: Not misrepresent any feature of installed software related to consumer … Continue Reading
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