On May 20, 2022, the Federal Trade Commission’s Team CTO and the Division of Privacy and Identity Protection published a blog post entitled, “Security Beyond Prevention: The Importance of Effective Breach Disclosures.” In the post, the FTC takes the position that in some cases there may be a de facto data breach notification
Massachusetts Legislature Evaluates Its Own Comprehensive Consumer Privacy Law
The Massachusetts Information Privacy and Security Act (MIPSA) continues to advance through the state legislative process, and is now before the full legislature. While the Act has several hurdles to clear before becoming law, its notable for two reasons. First, the comprehensive nature of the MIPSA exemplifies the direction state data protection laws are heading
SEC to Advisors and Funds – Adopt and Implement Cybersecurity Policies and Procedures
On February 9, the Securities and Exchange Commission (“SEC”) voted to propose rule 206(4)-9 under the Advisers Act and 38a-2 under the Investment Company Act (collectively, “Proposed Rule”). In general, the Proposed Rule would require all advisers and funds to adopt and implement cybersecurity policies and procedures containing several elements. While acknowledging spending on cybersecurity
Jump in Facial and Voice Recognition Raises Privacy, Cybersecurity, Civil Liberty Concerns
Facial recognition, voiceprint, and other biometric-related technology are booming, and they continue to infiltrate different facets of everyday life. The technology brings countless potential benefits, as well as significant data privacy and cybersecurity risks.
Whether it is facial recognition technology being used with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time
Fraud, Data Breaches Continuing to Crush Federal and State Unemployment Benefit Departments, Pennsylvania’s Next?
Few want to get past the COVID-19 pandemic more than leaders of federal and state unemployment benefit departments. For the last 2 years they have been successfully targeted for fraud and data breaches, racking up billions in losses. Thousands of employees across the country, including yours truly, have had false claims submitted in their name.
Preventing “Credential Stuffing” Attacks, Guidance from NY State Attorney General Letitia James
After reading New York Attorney General Letitia James’ Business Guide for Credential Stuffing Attacks (“Guide”), I promptly reminded my family (and myself!) to change passwords. The practice of using the same password for multiple online accounts is one that most, if not all of us, use from time to time. According to a recent study,
Does a Poor ESG, Social Responsibility Rating Increase an Organization’s Cyber Risk?
With ransomware and other cyber threats top of mind for most in the c-suite these days, a question frequently raised is whether a particular organization is a target for hackers. Of course, nowadays, any organization is at risk of an attack, but the question is whether some organizations are targeted more than others. A recent
Does Your Cyber Insurance Policy Look More Like Health Insurance?
Over the past several years, if your organization experienced a cyberattack, such as ransomware or a diversion of funds due to a business email compromise (BEC), and you had cyber insurance, you likely were very thankful. However, if you are renewing that policy (or in the cyber insurance market for the first time), you are
DOJ Announces Cybersecurity Enforcement Initiative Targeting Federal Contractors
Last week, the Department of Justice (“DOJ”) announced the launch of its Civil Cyber-Fraud Initiative (“the Initiative”) aimed at combating “new and emerging cyber threats to the security of sensitive information and critical systems” specifically targeting accountability of cybersecurity obligations for federal contractors and federal grant recipients, by way of the False Claims Act. The
The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues
Cities step up their efforts to combat the COVID-19 Delta variant. New York City, New Orleans, and San Francisco have all announced requirements for certain persons to produce evidence of COVID vaccination status in order to patronize or work indoors at certain establishments. Adding to an already complex patchwork of COVID-related regulation –