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Illinois Leads the Way on AI Regulation in the Workplace

Illinois continues to lead the way in privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered one of the more expansive data breach notification laws in the nation. … Continue Reading

SEC Issues Privacy and Data Security Risk Alert

Following recent examinations of SEC-registered investment advisers and broker-dealers, the Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) published a privacy risk alert on April 16, 2019. OCIE is hoping to remind advisers and broker-dealers about providing compliant privacy and opt-out notices, and adopting and implementing effective policies and procedures for safeguarding … Continue Reading

Illinois BIPA Defendants May Soon Be Getting Relief…Or Not

UPDATE: As discussed below, SB2134, as introduced, would have amended BIPA to delete the language that creates a private right of action and provide, instead, that violations resulting from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes would be subject to the enforcement authority of the … Continue Reading

Damaging Data Breaches Don’t Just Involve SSNs or Medical Information

A few weeks back a company’s watch list containing nearly 2.5 million individuals and entities considered “high-risk” for its clients was mistakenly leaked to the public. A “high-risk” entity in this circumstance was one potentially linked to organized crime or terrorism. The leak resulted from an unsecured and incorrectly configured company database. Typically in the … Continue Reading

NJ Amendment to Data Breach Notification Law, Moves to Governor

In light of several large-scale breaches of late, the New Jersey General Assembly is taking steps to enhance the state’s data breach notification requirements. In late February, Assembly Bill 3245 (AB 3245), introduced by Assembly Members Ralph Caputo and Carol Murphy, was unanimously approved by both the Assembly and the Senate, and is now headed … Continue Reading

Should Companies Terminate Third Party Vendors That Cause a Data Breach?

According to reports, bank customers in Australia (yes, data breach notification requirements exist down under) have been affected by “an industry-wide” data breach experienced by a third-party service provider to the banks – property valuation firm, LandMark White. As expected, the banks are investigating and in some cases notifying customers about the incident. However, there are reports that … Continue Reading

Data Privacy Day – Special Report – California Consumer Privacy Act FAQs for Employers

Happy Data Privacy Day from the Jackson Lewis Privacy, Data and Cybersecurity Team! In Honor of National Privacy Day, we are focused on what is sure to be one of the hottest issues of 2019 and present our FAQs for employers on the California Consumer Privacy Act (CCPA). As you know, data privacy and security … Continue Reading

Actual Harm Not Required to Sue Under Illinois Biometric Information Privacy Law

Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an “aggrieved” person and be entitled to … Continue Reading

North Carolina AG Seeks Breach Notification for Ransomware, Other Enhancements to Data Breach Law

According to SC Magazine, an escalating number of victims of data breaches in 2017 have led Attorney General Josh Stein and state Rep. Jason Saine to propose updates to the state’s existing data breach notification law – “Act to Strengthen Identity Theft Protections.” The Act would make a number of changes to the existing law, … Continue Reading

ONC and OCR Update HIPAA Security Risk Assessment Tool for National Cyber Security Awareness Month

October 2018 marks the 15th annual National Cyber Security Awareness Month. In honor of this occasion, the Office of the National Coordinator for Health Information Technology (ONC) and the HHS Office for Civil Rights (OCR) have jointly launched an updated HIPAA Security Risk Assessment (SRA) Tool to help covered entities and business associates comply with … Continue Reading

Cost-Benefit Analysis 101 for Healthcare Providers

Nary a week goes by without news of a data breach by a healthcare provider…while there are certainly a good number of breaches resulting from a breach of cybersecurity defenses or from the wrongful exploitation of system security weaknesses, there is still a risk to healthcare providers resulting from the internal operations of the healthcare … 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

A New Frontier In Law Firm Cyber Risk: Client Class Actions

That an actual breach of client information could expose your law firm to legal and business risks is unsurprising.  The risks posed by a potential breach, however, may be something your firm has not yet carefully considered – but needs to.  As we discussed during our recent webinar, law firms face a variety of cybersecurity-related … Continue Reading

Top 10 for 2017 – Happy Data Privacy Day

In honor of Data Privacy Day, we provide the following “Top 10 for 2017.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017. 1.  Phishing Attacks and Ransomware – Phishing, as the name implies, is the attempt, usually via email, to obtain sensitive or personal … Continue Reading

DFS’ Proposed Cybersecurity Regulation Edges Closer to Becoming Final Following Public Hearing

The New York State Assembly Committee on Banks held a public hearing on December 19, 2016, receiving testimony about both the benefits and challenges of a recently proposed regulation to address the growing threat posed by cyber-attacks on banks, insurance companies and most other entities which are regulated by the Department of Financial Services (DFS). The … Continue Reading

Pension Plan Suffers Cybersecurity Attack, ERISA Advisory Council Offers Cybersecurity Recommendations to DOL

It has been reported that infamous bank robber, Slick Willie Sutton, once said, “I rob banks because that’s where the money is.” Data thieves, understandably, have a similar strategy – go where the data is. The retail industry knows this as it has been a popular target for payment card data. The healthcare and certain … Continue Reading

Making Sausage: The Senate and the House Must Reconcile Judicial Redress Legislation with Safe Harbor Negotiations On-Going.

The folks over at Politico are reporting that the Senate Judiciary Committee struck a deal Wednesday night regarding the Judicial Redress Act. The committee adopted Senator John Cornyn’s amendment that ties the bill’s privacy protections to the proposed new Safe Harbor Agreement being negotiated between the U.S. and the EU. The Judicial Redress Bill attempts … Continue Reading

New U.S.-EU Safe Harbor Imminent?

Bloomberg BNA is reporting that the EU hopes to reach a Safe Harbor deal with the U.S. on Monday, February 1, 2016.  Speaking at the Computers, Privacy and Data Protection Conference in Brussels, Paul F. Nemitz, Director for Fundamental Rights and Union Citizenship at the Directorate-General Justice of the European Commission said, “[w]e hope to be … Continue Reading

Connecticut Enacts SB 949 Requiring One Year of Free Identity Theft Protection Services For Certain Data Breaches

Senate Bill 949 is now law in Connecticut, after being signed by Governor Malloy on June 11. As we reported, this law amends the state’s current breach notification mandate to require that for breaches of certain personal information covered business must provide one year of free identity-theft protection for affected persons. So, beginning October 1, 2015, … Continue Reading

Healthcare Providers and Business Associates: Don’t Ignore the Insider Threats

News reports of security risks, hackings and breaches caused by individuals, terror groups or even countries around the world certainly are important and can be unsettling. But, for many organizations, including healthcare providers and business associates, a significant and perhaps more immediate area of data risk rests with an organization’s workforce members. An organization’s information … Continue Reading

FCC Seeks Comments On Fax Ad Opt-Out Notice

The Federal Communications Commission (FCC) is continuing its efforts to clarify the Telephone Consumer Protection Act (TCPA) and its requirements. To this end, the FCC is seeking comments by tomorrow, January 13, 2015, on eleven petitions seeking waiver of the FCC’s rule on opt-out notices on fax advertisements to recipients who have provided prior express invitation or permission.   Specifically, … Continue Reading

Indiana Attorney General Enforces HIPAA For First Time – Another Lesson for Small Business

As we reported, state Attorneys General have authority to enforce the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), pursuant to the authority granted under the Health Information Technology for Clinical and Economic Health (HITECH) Act. Shortly after announcing plans to seek legislation requiring stronger protections for personal and financial … Continue Reading
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