Dubbed the “Biometric Privacy Act,” New York Assembly Bill 27 (“BPA”) is virtually identical to the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). Enacted in 2008, BIPA only recently triggered thousands of class actions in Illinois. If the BPA is enacted in New York, it likely will not take as
Workplace Privacy
California Passes Prop 24: Here Comes CCPA 2.0
It goes without saying that November 3rd 2020 was an important day for the future of the nation, but it was also a significant day for the future of California privacy law. On Tuesday, a strong majority of California voters supported Proposition 24, a ballot measure which aims to expand and enhance the…
California Governor Newsom Signs into Law Extension to CCPA Employee Personal Information Exemption, Vetoes Another Privacy Bill
On September 29th, California Governor Gavin Newsom signed into law AB 1281, an amendment to the California Consumer Privacy Act (“CCPA”) that would extend the current exemption on employee personal information from most of the CCPA’s protections, until January 1 2022. The exemption on employee personal information was slated to sunset on December…
More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, and Telework
Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the Americans with Disabilities Act (ADA), as well as issues under Title VII of the Civil Rights Act…
National Biometric Information Privacy Act, Proposed by Sens. Jeff Merkley and Bernie Sanders
Whether it is facial recognition technology being used in connection with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time management systems, or the use of various biometric identifiers for physical security and access management, applications involving biometric identifiers and information in the public and private sectors continue to grow. Concerns about…
Is Personal Information of Retirement Plan Participants an ERISA Plan Asset?
A little more than one year ago, we reported on a settlement (Cassell et al. v. Vanderbilt University, et al.) involving the alleged wrongful use of personal information belonging to retirement plan participants, claimed to be “plan assets.” This year, similar claims have been made against Shell Oil Company in connection with its 401(k) plan.…
EEOC Issues Guidance on Antibody Testing in the Workplace
In late-March and April 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various questions with answers concerning COVID-19 and related workplace disability-related issues under the Americans with Disabilities Act (ADA). Recently, on June 17th, the EEOC updated its guidance to include a new question regarding antibody testing.
Most of the questions…
Examples of COVID19 Screening, Social Distancing, and Contact Tracing Technologies and Related Legal and Practical Issues
As organizations work feverishly to return to business in many areas of the country, they are mobilizing to meet the myriad of challenges for providing safe environments for their workers, customers, students, patients, and visitors. Chief among these challenges are screening for COVID19 symptoms, observing social distancing, contact tracing, and wearing masks. Fortunately, innovators are…
Out of Sight is Not Out of Mind – Monitoring Workers Working From Home
Just over a month ago, we provided a high-level checklist to help organizations think about critical issues as employees begin working from home to reduce the spread of COVID19. Consistent with “shelter-in-place”/”stay at home” orders, millions of workers that can are now working from home. However, out of sight is not out mind as many…
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 (NCSC) issued a joint alert warning of a substantial increase in these attacks, providing helpful guidance concerning the nature of the attacks and related information.
Specifically, the alert provides information on exploitation by cybercriminal and advanced persistent threat (APT) groups of the current coronavirus disease 2019 (COVID-19) global pandemic. It includes a non-exhaustive list of indicators of compromise (IOCs) for detection as well as mitigation advice. The alert notes that the surge in teleworking has increased the use of potentially vulnerable services, such as virtual private networks (VPNs), amplifying the threat to individuals and organizations.
Organizations may not be able to prevent all attacks, but there are steps they could take to minimize the chance and impact of a successful attack, and to be prepared to respond. Here are just a few of those steps.
Before an Attack
- Build the right team
- Ensure you have an IT team in place, whether internal or through a third-party vendor, that is well-versed in emerging threats and prepared to support the organization in the event of an attack.
- Secure the systems
- Conduct a risk assessment and penetration test to understand the potential for exposure to malware.
- Implement technical measures and policies that can prevent an attack, such as endpoint security, multi-factor authentication, regular updates to virus and malware definitions/protections, intrusion prevention software and web browser protection, and monitor user activity for unauthorized and high risk activities.
- Make your employees aware of the risks and steps they must take in case of an attack
- This is particularly critical now – educate employees on how to recognize phishing attacks and dangerous sites — say it, show them, and do it regularly. This includes instructing them to use caution when clicking directly on links in emails, even if the sender appears to be known — verify web addresses independently.
- Employees should avoid revealing personal or financial information about themselves, other employees, customers, and the company in email, including wiring instructions. If they must, they should confirm by phone.
- Direct employees to pay attention to the URL of a website. Malicious websites may look identical to a legitimate site, but the URL may use a variation in spelling or a different domain (e.g., .com vs. .net).
- Instruct employees on what to do immediately if they believe an attack has occurred (e.g., notify IT, disconnect from network, and other measures) and what not to do (e.g., deleting system files, attempting to restore the system to an earlier date, and the like).
- Maintain backups
- Backup data early and often.
- Keep backup files disconnected from the network and in separate locations.
- Develop and practice an “Incident Response Plan”
- Identify the internal team (e.g., leadership, IT, general counsel, and HR).
- Identify the external team (e.g., insurance carrier, outside legal counsel, forensic investigator, and public relations).
- Outline steps for organizational continuity — using backup files and new equipment, safeguarding systems, and updating employees.
- Plan to involve law enforcement (e.g., FBI, IRS, Office of Civil Rights, and so on).
- Plan to identify, assess, and comply with legal and contractual obligations.
- Practice the response plan with the internal and external teams, reviewing and updating the plan to improve performance.
After an Attack
Continue Reading UK and US Issue Joint Cybersecurity Alert Concerning Explosion of COVID-19 Phishing Attacks