Archives: Data Security

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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

Data Breach Preparedness: A critical risk management priority for small and mid-sized businesses

After hearing a lot lately about big companies suffering data breaches, it is important to remember that, according to inc.com, half of all cyberattacks target small to mid-sized businesses (SMBs). Based on a 2016 State of SMB Cybersecurity Report, CNBC reported that in the prior 12 months half of all SMBs in the U.S. had been hacked. … Continue Reading

Not So Entertaining: Cybercrime in the Entertainment Industry

Although certain industries are known targets for cyber attacks – healthcare, financial, government – cyber attacks pose a threat to all sectors. Organizations in the entertainment industry have increasingly become targets of cybercrime. Over the past several years, a number of large entertainment companies have fallen victim to cybercriminals, resulting in the threatened and actual … Continue Reading

Enhanced HHS HIPAA Breach Reporting Tool May Aid Health Care Industry Data Security Efforts

Secretary Tom Price of the U.S. Department of Health and Human Services (HHS) announced his agency needs “to focus more on the most recent breaches and clarify when entities have taken action to resolve the issues that might have led to their breaches.” Accordingly, HHS’ Office of Civil Rights has launched a revised web tool … Continue Reading

Harvey and Irma – Reminders to Adopt/Reevaluate Your Disaster Recovery Plan

The effects of hurricanes like Harvey and the approaching Irma should be a reminder to all businesses of the importance of disaster recovery planning. When a storm approaches, a business’s first concern is how to protect its employees and physical property. However, we shouldn’t forget that a natural disaster can also destroy a business’s information and technology … Continue Reading

Timeline for Compliance with New DFS Cybersecurity Regulations

The deadline to comply with the first set of requirements under the new DFS Cybersecurity Regulations (“the Regulations”) is here! By today, August 28, 2017, businesses subject to the Regulations must ensure that they: Designate a Chief Information Security Officer (“CISO”) Establish a Cybersecurity Program Develop a Written Cybersecurity Policy. We have prepared an article … Continue Reading

Delaware: The Latest State to Amend its Data Breach Notification Law

Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since 2005, effective 240 days after enactment (on or about April 14, 2018).  Delaware maintains the state law trend of requiring businesses … Continue Reading

Artificial Intelligence Enabled Cybersecurity Systems

The use of artificial intelligence (AI) enabled cybersecurity systems is increasing dramatically. By 2018, sixty-two percent of all companies are projected to use AI technologies. The use of AI cybersecurity systems provides greater efficiency through automation, the ability to evaluate larger data sets and, in many cases, a faster way to identify the “cyberattack needle … Continue Reading

Maryland Amends Personal Information Protection Act

The Maryland General Assembly has recently amended its Maryland Personal Information Protection Act, House Bill 974, effective January 1, 2018. Notable amendments expand the definition of personal information, modify the definition of breach of the security of the system, provide a 45-day timeframe for notification, allow alternative notice for breaches that enable an individual’s email … Continue Reading

Washington Joins Growing List of States with Laws Protecting Biometric Information

Not to be outdone by the recent attention to biometric information in Illinois, and the Prairie State’s Biometric Information Privacy Act (BIPA), Washington enacted a biometric data protection statute of its own, HB 1493, which became effective July 23, 2017. What it notable about Washington’s new biometric information law? It prohibits “persons” from “enrolling” “biometric … Continue Reading

Illinois Class Actions Spark New Attention For Biometric Data Applications

Capturing the time employees’ work can be a difficult business. In addition to the complexity involved with accurately tracking arrival times, lunch breaks, overtime, etc. across a range of federal and state laws (check out our Wage and Hour colleagues who keep up on all of these issues), many employers worry about “buddy punching” or … Continue Reading

An Ounce of Data Breach Prevention…Address Attorney-Client Privilege in Your Breach Planning

Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases — in the health care space alone (which holds the dubious honor of Most Likely To Be Attacked), a FBI and HHS’ Office for … Continue Reading

Public-Private Partnerships Could Bolster Healthcare Cybersecurity Efforts

Protecting data in the healthcare industry continues to be an area of focus for regulators and lawmakers. HIPAA Journal noted that in 2016 more HIPAA covered entities reported breaches than in any other year since the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights started publishing breach summaries on its “Wall … Continue Reading
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