In what is being called the American Privacy Rights Act (Act), some are suggesting this could be the one! For many years, Congress has been unable to come together to craft a national privacy law. There have been several snags, including whether to preempt state privacy laws and whether to provide a private right of
Damon W. Silver
Damon W. Silver is a principal in the New York City, New York, office of Jackson Lewis P.C. and co-leader of the firm’s Privacy, AI & Cybersecurity practice group. He is a Certified Information Privacy Professional (CIPP/US).
Damon helps clients across various industries—with a focus on financial services, healthcare, and education—handle their data safely. He works with them to pragmatically navigate the challenges they face from cyberattacks, technological developments including AI, a fast-evolving data privacy and security legal compliance landscape, and an active and innovative plaintiffs’ bar.
Damon recognizes that needs vary from one client to the next. Large, mature organizations, for instance, may need assistance managing multi-jurisdictional and multi-faceted compliance obligations. Others may be in a stage of development where their greatest need is to triage what must be done now and what can more safely be left for later. Damon takes the time to understand each client’s circumstances and priorities and then works with it to develop tailored approaches to effectively managing risk without unnecessarily hindering business operations.
CPPA Issues First “Enforcement Advisory” for CCPA – Data Minimization
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…
New York AG Remains Active On The Data Security Enforcement Front
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…
New SEC Cybersecurity Disclosure Requirements Place Pressure On Public Companies To Investigate Potential Breaches Quickly And Involve Leadership In Data Security Compliance
- Material cybersecurity incidents, which must be made within four (4) business days – a tight timeline
CCPA-Covered Businesses Be On the Look Out for a Letter from the California Attorney General
Though enforcement of the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA) has been paused for now, the State of California is not resting when it comes to compliance with the CCPA.
On July 14, 2023, California’s Attorney General announced an “investigative sweep” regarding compliance with the CCPA.
New York Legislature and Enforcement Agencies Remain Active on the Data Privacy and Security Fronts
At the start of 2023, the New York State legislature introduced several privacy-related bills. One of those bills, S365, appears to be gaining momentum. It was reported and committed to the Internet and Technology Committee on April 25, was amended on May 18, and was further amended and recommitted to the Finance Committee on…
New York AG Releases Guide for Businesses on Effective Data Security
As noted in a prior post, New York’s Attorney General (“NYAG”) has made enforcement of the New York SHIELD Act an enforcement priority. The SHIELD Act requires organizations handling personal information related to New York residents to maintain reasonable safeguards to protect that information. Maintaining its focus on this area, the NYAG recently released…
Iowa’s Governor Signs Comprehensive Consumer Privacy Law
On March 28, 2023, Iowa’s Governor signed Iowa’s new statute relating to consumer data protection. Iowa joins California, Colorado, Connecticut, Utah, and Virginia in the ever-growing patchwork of consumer privacy laws across the country.
The new law takes effect on January 1, 2025.
Iowa’s consumer privacy law covers businesses…
Iowa to Be Sixth State to Pass a Consumer Privacy Statute
On March 15, 2023, the Iowa legislature unanimously passed Senate File 262, the Consumer Privacy Act, which relates to consumer data and privacy protection. Once signed by Iowa’s governor, the statute will become operative on January 1, 2025, and Iowa will join California, Colorado, Connecticut, Utah, and Virginia in passing…
CPPA Starts Rulemaking on Cybersecurity, Risk Assessments, and Automated Decision-making
While the California Privacy Protection Agency (CPPA) only recently approved revised amended regulations pertaining to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), it is already on to its next rulemaking.
On February 10, 2023, the CPPA issued an invitation for preliminary comments on proposed rulemaking pertaining to cybersecurity audits…