Archives: Written Information Security Program

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Washington Poised to Significantly Expand Its Data Breach Notification Law

It was looking like Washington state would be the first state to follow the California Consumer Privacy Act (CCPA), with a GDPR-like law of its own. That effort has stalled, perhaps temporarily. However, both Washington’s House and Senate voted unanimously to send HB 1071 to Gov. Jay Inslee, which would substantially expand the state’s current … 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

Small Michigan Medical Practice To Close Following Ransomware Attack

Small and midsized enterprises (SMEs) continue to be targeted by ransomware, phishing and other cyberattacks; the consequences of which could be devastating. Those consequences include putting SMEs out of business, which is unfortunately the case for one small medical practice in Battle Creek, Michigan, as reported by HIPAAJournal. The reality is that the effects of these attacks … Continue Reading

Updates to Massachusetts Breach Notification Law – Much More Than Mandatory Credit Monitoring

UPDATE: The changes to the Massachusetts data breach notification law described below are now in effect. Thus, if you have discovered a data incident involving the personal information of Massachusetts residents you will want to review these changes carefully – they are significant and the Commonwealth is intent on educating the public about them. Because we have coached … Continue Reading

Bill Which Would Expand the CCPA Private Right of Action Moves Forward

As we reported, in late February, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the California Consumer Privacy Act (CCPA). This week, the Senate Judiciary Committee referred the bill to the Senate Appropriations Committee by a vote of 6-2. This move came despite concerns raised … Continue Reading

Could This Be Your Retirement Plan?

As reported by CBC, B.C. Pension Corporation announced a data breach involving pension plan records after discovering a box containing microfiche could not be found following a recent office move. The box contained personal information (names, social insurance numbers and dates of birth) on approximately 8,000 pension plan participants. The company employed those participants during the period 1982 to … Continue Reading

As Wearable Technology Booms, Sports and Athletic Organizations at all Levels Face Privacy Concerns

As wearable and analytics technology continues to explode, professional sports leagues, such as the NFL, have aggressively pushed into this field. (See Bloomberg). NFL teams insert tiny chips into players shoulder pads to track different metrics of their game. During the 2018-2019 NFL season, data was released that Ezekiel Elliot ran 21.27 miles per hour … Continue Reading

Washington State’s GDPR-like Bill Passes Senate

The California Consumer Privacy Act (CCPA), passed in 2018 and taking effect January 1, 2020, is considered the most expansive state privacy law in the United States, and sparked a flurry of state privacy law legislative proposals, in particular in Washington state. This January, a group of state senators in Washington introduced the Washington Privacy … Continue Reading

Washington D.C. Attorney General Seeks Stronger Data Security and Breach Notification Requirements

Add Washington D.C. Attorney General Karl A. Racine’s recent data security legislative proposal – the Security Breach Protection Amendment Act of 2019 – to the growing list of states and jurisdictions across the country seeking to strengthen privacy and security protections around personal information. Proposed in response to major data breaches, a frequent catalyst to stronger … Continue Reading

Why is New Jersey Updating Its Privacy and Data Security Laws?

The Garden State has been updating its data privacy and security laws and you may be wondering why. On October 28, 2018, Attorney General Gurbir S. Grewal and the New Jersey State Police the New Jersey announced statistics on the effects of data breaches in 2017 on New Jersey residents. Based on that report, here … 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

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

Hurricane Florence – Another Reminder to Develop a Disaster Recovery Plan

As with prior hurricanes, Florence is a reminder to all organizations of the importance of disaster recovery planning. When a storm approaches, a business’s first concern is protecting its employees/customers, and then its physical property. However, we shouldn’t forget that a natural disaster can also destroy information and technology assets critical to its success and continuity. Key … Continue Reading

Virginia Updates its Data Breach Notification Law to Include Tax Preparers

For the second consecutive year Virginia has amended its data breach notification law. In March 2017, in light of a warning issued by the IRS to all employers regarding the resurgence of a W-2 based cyber scam, Virginia Governor Terry McAuliffe approved, a first of its kind, amendment to Virginia’s data breach notification statute. The amendment … Continue Reading

Vague FTC Order Addressing Data Security Struck Down by Federal Appellate Court

In a significant ruling that calls into question the Federal Trade Commission’s (“FTC”) authority to regulate a private company’s data security program, a federal appellate court of appeals ruled that the agency’s cease and desist order directing implementation of a data security program should be vacated as unenforceable. LabMD, Inc. v. Federal Trade Commission, No. … Continue Reading

Survey Finds Healthcare Workers Understand Security Measures But Still Share Sensitive Information Through Non-Secure Email

According to reports on a recent survey, the vast majority of healthcare workers share sensitive medical information using non-secure email. The survey, conducted by Kickstand Communications, reportedly found that 87% of healthcare workers surveyed admitted to this practice. These results echo other reports finding that employees and others with access to an organization’s confidential information … Continue Reading

Colorado Strengthens its Consumer Data Protection Law

Back in January, Colorado lawmakers on both sides of the aisle introduced a groundbreaking new bill requiring “reasonable security procedures and practices” for protecting personal identifying information, limiting the time frame to notify affected Colorado residents and the Attorney General of a data breach, and imposing data disposal rules, HB 1128. Now, Colorado Governor John … Continue Reading

Arizona Updates Its Data Breach Notification Law

Last month, South Dakota and Alabama became the final two states to enact a data breach notification law. In addition, many other states, in response to trends, heightened public awareness, and a string of large-scale data breaches, have continued amending their existing laws. Arizona is the latest state to update its data breach notification law to … Continue Reading

The FTC Announces a National Cybersecurity Education Campaign for Small Businesses

The Federal Trade Commission (FTC) recently announced that it will launch a national education campaign to aid the small business sector in strengthening its cybersecurity and protecting its sensitive and personal data. The national education campaign builds on the FTC’s 2017 Small Business Initiative which included the creation of a new website: FTC.gov/SmallBusiness aimed at … Continue Reading

What’s Been Going on in New York Cyber Regulation since New York’s “first-of-their-kind” DFS regulations?

Co-Author: Thomas Buchan As reported in our blog post from November 6, 2017, the New York State Attorney General announced the release of the proposed Shield Act in early November, 2017. This new legislation (we have some links for you below) would make significant changes to New York’s cybersecurity provisions (primarily under General Business Law … Continue Reading

Alabama Becomes the Final State to Enact a Data Breach Notification Law

On March 28th, Alabama Governor Kay Ivey (R) signed into law the Alabama Data Breach Notification Act, Act No. 2018-396, making Alabama the final state to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed into a law a similar statute one-week prior. The Alabama law will take effect June 1, 2018. Being … Continue Reading

4 Resources That Make GDPR Compliance Less Painful

The deadline to comply with the GDPR’s complex and far ranging requirements is rapidly approaching.  As your organization races to implement its compliance program before the May 25, 2018 effective date, questions and concerns are likely to arise.  While there is no shortage of online guidance on the GDPR, finding answers to your specific questions … Continue Reading
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