Archives: Data Security

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New Notification Requirements in New York for Healthcare Providers Facing a Cybersecurity Incident

On August 12, Mahesh Nattanmai, New York’s Chief Health Information Officer, issued a notice letter (“the notice”) on behalf of the New York State Department of Health (“Department”) requiring healthcare providers to use a new notification protocol for informing the Department of a potential cybersecurity incident. The updated protocol is considered effective immediately from a … Continue Reading

Does the CCPA Apply to Your Business?

The California Consumer Privacy Act (CCPA), considered the most expansive U.S. privacy laws to date, is set to take effect January 1, 2020. In short, the CCPA places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal information. Wondering whether they will have … Continue Reading

Licensed by Your State’s Insurance Commissioner? Comprehensive Data Security Requirements Are Headed Your Way

Most businesses in the insurance industry have one thing in common – they collect and maintain significant amounts of sensitive, nonpublic information including personal information. Not surprisingly, insurance-related businesses are a target of cyberattacks and a few have faced some of the largest data breaches reported to date. Beyond the headlines, however, small and mid-sized … Continue Reading

Is Your Small Business Prioritizing Cybersecurity?

A recent study surveying small and mid sized businesses (SMBs) found that 67% had experienced a cyber attack in 2018, and yet that same study found that cybersecurity is still “not on the to do list” for SMBs – 60% of the SMBs surveyed responded that they did not have a cybersecurity plan in place, … Continue Reading

New York Enacts the SHIELD Act

On Thursday, New York Governor Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), sponsored by Senator Kevin Thomas and Assemblymember Michael DenDekker. The SHIELD Act, which amends the State’s current data breach notification law, imposes more expansive data security and data breach notification requirements on companies, in … Continue Reading

Illinois’ Attorney General Wants to Know About Data Breaches

Possibly adding to the list of states that have updated their privacy and breach notification laws this year, the Illinois legislature passed Senate Bill 1624 which would update the state’s current breach notification law to require most “data collectors,” which includes entities that, for any purpose, handle, collect, disseminate, or otherwise deal with nonpublic personal information, to notify … Continue Reading

Upward Trend in Cyberattacks Targeting Senior Executives

Verizon recently published its 2019 Data Breach Investigations Report. This report is the 12th edition and contains an analysis of 41,686 security incidents with 2,013 confirmed breaches from 73 sources, including public and private entities. Included among its many findings, the report found high-level executives are twelve times more likely to be the target of … Continue Reading

“Help Me, Help You”: Defense Department Advises Contractors That Cybersecurity Is An Allowable Cost

During a presentation at the Professional Services Council Federal Acquisition Conference on June 13, 2019, a high-ranking Department of Defense (“DoD”) official announced, with dramatic flair, that cybersecurity is an allowable cost: “I need you all now to get out your pens and you better write this down and tell your teams: Hear it from … Continue Reading

New York Considers Aggressive Consumer Privacy Law

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most robust state privacy law in the United States. The CCPA seems to have spurred a flood of similar legislative proposals on the state level, and it was only a matter of time before the Empire State introduced its own version … Continue Reading

Oregon Amends Data Breach Notification Law to Include Vendor Obligations; Expanded Definition of Personal Information

As we recently noted, Washington state amended its data breach notification law on May 7 to expand the definition of “personal information” and shorten the notification deadline (among other changes). Not to be outdone by its sister state to the north, Oregon followed suit shortly thereafter—Senate Bill 684 passed unanimously in both legislative bodies on … Continue Reading

Sweeping Privacy Changes Stall in the Lone Star State

Per our earlier blog post, Texas was ambitious this legislative session when it proposed two consumer data privacy bills. Both bills made it through committee hearings, but only one made it to the governor’s desk for signature: HB 4390. However, even it arrived there very different than originally drafted. HB 4390, dubbed the Texas Privacy … Continue Reading

Senate Committee Blocks CCPA Bill to Expand Private Right of Action

The California Senate Appropriations Committee recently blocked a bill that would expand a private right of action under the California Consumer Privacy Act (CCPA). As we reported, in late February, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the CCPA. Then in April, the Senate … Continue Reading

The GDPR – One Year and Counting

The GDPR is wrapping up its first year and moving full steam ahead. This principles-based regulation has had a global impact on organizations as well as individuals. While there continue to be many questions about its application and scope, anticipated European Data Protection Board guidance and Data Protection Authority enforcement activity should provide further clarity … Continue Reading

Washington Overhauls its Data Breach Notification Law

As we noted last month, Washington’s efforts to follow California’s lead in passing its own GDPR-like law have stalled after the bill failed to make its way through the state’s House of Representatives—despite overwhelming approval in the Senate (where it passed 46-1).  That bill’s sponsor has promised to revisit the issue during the 2020 legislative … Continue Reading

EMR Provider Settles OCR Allegations for $100,000; Is Your EMR provider HIPAA compliant?

Many health care providers, including small and medium-sized physician practices, rely on a number of third party service providers to serve their patients and run their businesses. Perhaps the most important of these is a practice’s electronic medical record (EMR) provider, which manages and stores patient protected health information. EMR providers generally are business associates … Continue Reading

District Court Finds no CFAA Violation where Employee Shares Confidential Company Information with Competitor

A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a competitor did not violate the Computer Fraud and Abuse Act (CFAA). The CFAA expressly prohibits “intentionally accessing a computer without authorization or exceeding … Continue Reading

High-end Job Recruitment Site Exposes at least 13.7 million Users with Unprotected Server

A security lapse has exposed the data of at least 13.7 million user records of the high-end job recruitment site, Ladders. The company left a cloud-hosted search database exposed without a password. Ladders took the database offline less than an hour after the news website TechCrunch alerted the company after learning about the potential breach … Continue Reading

University Settles Claims Involving Use of Retirement Plan Participant Data For Cross-Selling by Recordkeeper

Wrongful use of retirement plan participant data was among the claims made by a class of 40,000 participants against the plan sponsor and others in Cassell et al. v. Vanderbilt University et al. Specifically, the plan participants claimed that the University inter alia breached its “loyalty and prudence” duty by failing to protect confidential employee … Continue Reading

More Updates to the CCPA May Be Ahead

Ever since the California Consumer Privacy Act (CCPA) was enacted in June of 2018 it has been in a constant state of revision.   First, in September of 2018, Governor Jerry Brown signed into law Senate Bill 1121, which helped clarify and strengthen the original version of law. Then, in February of 2019, California Attorney General Xavier … Continue Reading

Supreme Court Rules on Employee Data Breach Class Arbitration Suit

In June of 2018 we reported that the U.S. Supreme Court granted a petition for review of a data breach lawsuit addressing the issue of whether parties can pursue class arbitration when the language in the arbitration agreement does not explicitly allow for such, Lamps Plus, Inc. v. Varela , No. 17-988, certiorari granted April 30, 2018. … Continue Reading

Can Hackers Break Into GPS Trackers Used For Your Fleet?

The answer may be yes. GPS trackers enable businesses to derive greater efficiencies and productivity from their employees and their vehicle fleets. But, when businesses deploy this technology, HR departments often raise valid concerns about employee privacy on and, in some cases, off the job. When employers install GPS trackers on company-owned vehicles, these privacy … Continue Reading

CCPA: Employee Personal Information on the Chopping Block

How will the California Consumer Protection Act (CCPA) apply to us? This is a question 0rganizations have asked since the CCPA was first proposed. There remains a number of important questions about the scope of the Golden State’s sweeping privacy law that still need to be answered. One of those questions is whether the CCPA … Continue Reading

North Carolina’s Much Anticipated Data Breach Notification Law Amendment Moves to General Assembly

The much-anticipated amendment to North Carolina’s data breach notification law that we reported on earlier this year (see here) has finally been introduced to the state’s General Assembly.   The bill entitled, an Act Amending the Identity Theft Protection Act, House Bill DRH40393-LR10C, is primarily sponsored by State Representatives Jason Saine (R), Brenden H. Jones (R), … Continue Reading

Washington Poised to Significantly Expand Its Data Breach Notification Law

It was looking like Washington state would be the first state to follow the California Consumer Privacy Act (CCPA), with a GDPR-like law of its own. That effort has stalled, perhaps temporarily. However, both Washington’s House and Senate voted unanimously to send HB 1071 to Gov. Jay Inslee, which would substantially expand the state’s current … Continue Reading
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