Leaders charged with safeguarding data privacy and cybersecurity often assume that size equates to security—that large, well-resourced organizations must have airtight defenses against cyberattacks and data breaches. It’s a natural assumption: mature enterprises tend to have robust policies, advanced technology, and deep security teams. Yet, as recent events remind us, even the biggest organizations can
Third Party Service Providers
CCPA Compliance Reminder: Annual Update Requirement for Online Privacy Policies
For businesses subject to the California Consumer Privacy Act (CCPA), a compliance step often overlooked is the requirement to annually update the businesses online privacy policy. Under Cal. Civ. Code § 1798.130(a)(5), CCPA-covered businesses must among other things update their online privacy policies at least once every 12 months. Note that CCPA regulations establish…
Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers
On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health Fitness Corporation (Health Fitness), a wellness vendor providing services to employer-sponsored group health plans.
This announcement is interesting for several…
Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace
As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel must navigate a rapidly evolving landscape of legal and regulatory requirements. This National Privacy Day, it’s crucial to spotlight emerging issues in workplace technology…
California Attorney General Issues Two Advisories Summarizing Law Applicable to AI
If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at consumers and entities about their rights and obligations under the state’s consumer protection, civil rights, competition, and data privacy laws. The…
FAQs for Schools and Persons Affected By the PowerSchool Data Breach
A massive data breach hit one of the country’s largest education software providers. According to EducationWeek, PowerSchool provides school software products to more than 16,000 customers, largely K-12 schools, that serve 50 million students in the United States. According to reports, PowerSchool informed customers that, on December 28, 2024, PowerSchool became aware of…
Florida Healthcare Provider Faces $1.19M HIPAA Penalty Following Independent Contractor Breach
A healthcare provider delivering pain management services in Florida and other states faces a $1.19 million civil monetary penalty from the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR). The OCR investigation stems from a data breach, but not the type of breach we are used to seeing in…
Tips for Vacation Rental, Property Mgmt. Businesses Facing Vendor Cybersecurity Risk
No organization can eliminate data breach risks altogether, regardless of industry, size, or even if the organization has taken significant steps to safeguard their systems and train employees to avoid phishing attacks. Perhaps the most significant reason these risks remain: third-party service providers or vendors.
For most businesses, particularly small to medium-sized businesses, service providers…
Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification
For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI) likely triggers obligations to notify affected individuals, the federal Office of Civil Rights (OCR), potentially the media and other entities. The breach also may require…
Cyber Safety Review Board Issues Compelling Report about Lapsus$, MFA Vulnerabilities, and Helpful Recommendations
The Cyber Safety Review Board (Board) issued a report entitled, Review of the Attacks Associates with Lapsus$ and Related Threat Groups (Report), released by the Department of Homeland Security on August 10, 2023. The Report begins with a message from the Board’s Chair and Vice Chair discussing WarGames, a movie with interesting parallels to…