Archives: Workplace Privacy

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UK and US Issue Joint Cybersecurity Alert Concerning Explosion of COVID-19 Phishing Attacks

In the US, many organizations anxiously awaiting assistance under the CARES Act are becoming the targets of cyberattackers looking to feed off of the massive relief being provided by the US treasury. Yesterday, the United States Department of Homeland Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) and the United Kingdom’s National Cyber Security Centre … Continue Reading

Key Components of a COVID-19 Screening Program

Stopping the spread of coronavirus is critical to overcoming the COVID-19 pandemic. As testing is ramping up around the country, some states and localities have imposed health screening requirements in an effort to identify persons at risk of being infected and stopping them from infecting others. Whether mandatory or recommended, screening employees and visitors could … Continue Reading

EEOC Updates Its 2009 Guidance Concerning Pandemic Preparedness

On March 19, 2020, the Equal Employment Opportunity Commission updated its 2009 pandemic preparedness guidance: Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. It includes the following note: The EEOC is updating this 2009 publication to address its application to coronavirus disease 2019 (COVID-19).  Employers and employees should follow guidance from the … Continue Reading

HIPAA Privacy Rule Waiver, Other Medical Information Questions During the COVID-19 Pandemic

As the coronavirus spreads across the globe and in the United States, providers, businesses, employers, and others are struggling to understand what medical information they can collect and what information they can share. These are difficult questions the answers to which involve considering factors such as long-standing compliance requirements (e.g., HIPAA, ADA, GINA, state law), … Continue Reading

Work-From-Home Checklist During the Coronavirus Pandemic

The debate over working from home continues, reaching a high point in 2013 when Marissa Mayer, then CEO of Yahoo, sought to curb the practice. However, as the Coronavirus continues to spread across the U.S., more companies are instructing their employees to work-from-home as a social distancing technique to help contain the spread and remain … Continue Reading

New York SHIELD Act FAQs

Over the past few months, businesses across the country have been focused on the California Consumer Privacy Act (CCPA) which dramatically expands privacy rights for California residents and provides a strong incentive for businesses to implement reasonable safeguards to protect personal information. That focus is turning back east as the Stop Hacks and Improve Electronic … Continue Reading

What Does Phishing Have to do with Coronavirus?

As announcements relaying the spread of Coronavirus (COVID-19) continue daily, governmental agencies at all levels are offering information and guidance, and businesses are scrambling to prepare and protect their employees and customers. As part of a larger group in my firm helping to synthesize all this information, there is an aspect of responding to COVID-19 … Continue Reading

CA Attorney General Updates CCPA Proposed Regulations

Many businesses and their service providers have been awaiting final guidance from the California Attorney General concerning the California Consumer Privacy Act (CCPA). When news came last Friday of a regulatory update (“Update”), there may have been some initial disappointment that the Update did not announce final regulations, but only revisions to existing proposed regulations … Continue Reading

Health Plan Sponsors – Have You Updated Your Vendor Agreements for Substance Use Disorder (SUD) Confidentiality Regulations?

Employers that sponsor group health plans (medical, dental, vision, HFSA) are used to negotiating detailed administrative services agreements with vendors that provide services to those plans. Many also are familiar with “business associate agreements” required under HIPAA that must be in place with certain vendors, such as third-party claims administrators (TPAs), wellness program vendors, benefits … Continue Reading

Privacy & Cybersecurity Issues to Watch in 2020

2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and cybersecurity risks continue to emerge for organizations large and small, the law is beginning … Continue Reading

Coronavirus Raises Privacy Concerns for Healthcare Providers and their Workers

The outbreak of a new coronavirus that is believed to have began in central Chinese city of Wuhan and now appears to be spreading to the United States is driving concerns for organizations around preparedness regarding their operations, their customers, and their employees. Both the Center for Disease Control and Prevention (CDC) and the State … Continue Reading

CCPA Is Here, and it Does Have Requirements for Employees, Applicants, etc.

Some business leaders and HR professionals may be waking up this morning not realizing they must provide a “Notice at Collection” to some or all of their employees and applicants under the new California Consumer Privacy Act (CCPA). This is not surprising given the confusion during 2019 about whether this law would reach that far. The … Continue Reading

Personal Information, Private Information, Personally Identifiable Information…What’s the Difference?

When privacy geeks talk “privacy,” it is not uncommon for them to use certain terms interchangeably –personal data, personal information, personally identifiable information, private information, individually identifiable information, protected health information, or individually identifiable health information. They might even speak in acronyms – PI, PII, PHI, NPI, etc. Blurring those distinctions might be OK for … Continue Reading

CCPA Amendments Updated, Finalized, and Moving on to Governor Newsom

The California Consumer Privacy Act is almost here! The groundbreaking law takes effect January 1, 2020. Covered businesses and their service providers have already started preparing, as the CCPA continues to evolve since it was introduced. California’s legislative session ended on September 13th, with some final modifications to bills that would amend certain aspects of … Continue Reading

OCR Recognizes Insider Threats to HIPAA PHI, You Should Too

As we have observed here, 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 is malicious insiders. On … 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

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

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

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

California’s “Your Data, Your Way” Initiative

California keeps making privacy headlines for its trailblazing California Consumer Privacy Act (“CCPA”), set to take effect January 1, 2020, but there is another set of privacy bills making its way through the California state legislature, that, if passed, will provide consumers with further privacy protections. The “Your Data Your Way” initiative, comprised of four … 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

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
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