Damon W. Silver

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As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel must navigate a rapidly evolving landscape of legal and regulatory requirements. This National Privacy Day, it’s crucial to spotlight emerging issues in workplace technology…

Organizations across the spectrum rely heavily on website tracking technologies to understand user behavior, enhance customer experience, and drive growth.  The convenience and insights these technologies offer come with a caveat, however: They can land your organization in hot water if not managed in careful compliance with fast-evolving law.

Recent history is rife with litigation…

On June 25, 2024, Rhode Island became the 20th state to enact a comprehensive consumer data protection law, the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”). The state joins Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, and New Jersey in passing consumer data privacy laws this year.

The RIDTPPA takes effect on January…

On May 24, 2024, Minnesota’s governor signed an omnibus bill, HF4757 which included the new Consumer Data Privacy Act. The state joins Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island in passing consumer data privacy laws this year.

Minnesota’s law takes effect July 31, 2025, except that postsecondary institutions and nonprofit corporations governed by…

Maryland’s governor recently signed the Maryland Online Data Privacy Act of 2024 (MODPA), making Maryland one of six states—along with Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island—to pass a comprehensive privacy law this year.  Overall, 19 states (and counting) now have such laws on their books.  

Maryland’s law takes effect October 1…

Virtually all organizations have an obligation to safeguard their personal data against unauthorized access or use, and, in some instances, to notify affected individuals in the event such access or use occurs.  Those obligations are, in some instances, relatively nebulous, and organizations—for better or worse—have flexibility to determine what pre-incident safeguards and post-incident responsive actions…

With the Texas Data Privacy and Security Act (TDPSA) on the verge of taking effect on July 1, 2024, the State’s Attorney General, Ken Paxton, recently launched an initiative for “aggressive enforcement of Texas privacy laws.”  As part of the initiative, Paxton has established a team that will focus on the enforcement of Texas’…

The California Privacy Protection Agency (CPPA) issued its first enforcement advisory concerning the California Consumer Privacy Act (CCPA). In Enforcement Advisory No. 2024-01, the CPPA tackles a foundational principle – data minimization. Much of the attention surrounding the CCPA seems to focus on website privacy policies, notices at collection, and consumer rights requests. With…

In yet another example of its focus on imposing greater data security accountability, the New York Attorney General (“NYAG”) recently announced a significant settlement with Marymount Manhattan College (“the College”).  The settlement stems from a data breach to which the College was subject in 2021.  Following an investigation, which, according to the NYAG, revealed inadequacies…