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
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
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
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
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
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
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
Privacy and cybersecurity risks continue to emerge for organizations large and small. While by no means exhaustive, we briefly discuss some key issues that organizations may need to focus on in 2019 and beyond. Business Email Compromise (BEC)/Email Account Compromise (EAC) – BEC and EAC attacks are widespread and show no sign of slowing in the … Continue Reading
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
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
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
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
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
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 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
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
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
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
Last week, the New York State Department of Financial Services (“DFS”) issued a press release to remind covered entities of an upcoming deadline under the DFS cybersecurity regulations. The next deadline under the regulations is February 15, 2018 – by that date, any covered entities (hopefully, you know who you are) must submit a statement … Continue Reading
U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which allows searches and seizures at international borders or an equivalent (e.g. international airports) without probable cause or a warrant. CBP’s searches are deemed “reasonable” … Continue Reading
This Sunday, January 28, is Data Privacy Day, which Congress recognized on Jan. 27, 2014, when it adopted S. Res. 337, supporting the designation. As noted by the National Cyber Security Alliance, Data Privacy Day began in the United States and Canada in January 2008, an extension of the Data Protection Day celebration in Europe. Don’t … Continue Reading
Only two states in the United States lack data breach notification statutes, but that may change in 2018. If legislation pending in South Dakota passes, Alabama would be the only state without a data breach notification law. South Dakota Senate Bill No. 62 would create a breach notification requirement for any person or business conducting … Continue Reading
The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113 (QB]). Similar results have been reached in the U.S., but this is the first time the UK Court has addressed the issue of whether … Continue Reading
Physician practices and other health care providers respond to numerous requests for confidential patient information from patients and others. Mistakes made by employees fulfilling such requests for medical records or making similar disclosures can expose the practice to civil litigation. A recent decision by the Connecticut Supreme Court (Byrne v. Avery Center for Obstetrics and … Continue Reading
