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

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

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 

Image result for cardboard box record storageAs 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

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 for a 44-yard run, his fastest of the season. The Dallas Cowboys are not alone as all 32 teams throughout the league can access this chip data which is collected via RFID tracking devices. Sports statistics geeks don’t stand a chance as this technology will track completion rates, double-team percentages, catches over expectation, and a myriad of other data points.

There are obvious questions and concerns about the use of this technology, and not just at the professional level. Wearables can be found at all levels of sports and athletic activities, including at colleges and high schools. At the professional level, the NFL is unique in that it allows teams to use the chip data during contract negotiations. However, players do not have full access to this information, unless specifically granted by individual teams. This is important since there is much debate over who truly owns this data. And, for a variety of reasons, players and athletes want to know where their information is stored, how it is stored, whether and how it might be used and disclosed, who has access to it, and what safeguards are in place to protect it. Major League Baseball and the Players Association added Attachment 56 to the 2017-2021 Collective Bargaining Agreement to address some of these concerns. But, again, these and other questions are not unique to professional ball players.

See the source imageWith devices ranging from wearable monitors to clothing and equipment with embedded sensors, professional teams, colleges and universities, local school districts, and other sports and athletic institutions, as well as the companies that provide the wearables, can now collect massive amounts of data such as an athlete’s heart rate, glucose level, breathing, gait, strain, or fatigue. On the surface, this data may relate to an athlete’s performance and overall wellness, which may be somewhat apparent to onlookers without the aid of the device. However, alone or aggregated, the data may reveal more sensitive personal information relating to the athlete’s identity, location, or health status, information that cannot be obtained just by closely observing the individual. When organizations collect, use, share, or store this data, it creates certain privacy and security risks and numerous international, federal, and state data protection laws may apply. Any sports or athletic organization that develops a wearable device program, or has reason to believe that these devices are being used by coaches and others to collect similar data, should be mindful of these risks and regulatory issues.

Below is a non-exhaustive list of some of these laws:
Continue Reading As Wearable Technology Booms, Sports and Athletic Organizations at all Levels Face Privacy Concerns

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

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

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

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, 

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