Some members of the California legislature want their state to remain the leader for data privacy and cybersecurity regulation in the U.S. This includes protections for biometric information, similar to those under the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). State Senator Bob Wieckowski introduced SB 1189 on February 17,
Joseph J. Lazzarotti
Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm's Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.
In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.
Massachusetts Privacy Bill Provides WISP Reminder, Safe Harbor for Punitive Damages
When Massachusetts issued its data security regulations in 2009 (Regulations), it led the way for states on data security. The Regulations became effective 12 years ago, almost to the day, March 1, 2010. The Bay State is now contemplating comprehensive privacy legislation, the Massachusetts Information Privacy and Security Act (MIPSA), similar to what has been…
SEC to Advisors and Funds – Adopt and Implement Cybersecurity Policies and Procedures
On February 9, the Securities and Exchange Commission (“SEC”) voted to propose rule 206(4)-9 under the Advisers Act and 38a-2 under the Investment Company Act (collectively, “Proposed Rule”). In general, the Proposed Rule would require all advisers and funds to adopt and implement cybersecurity policies and procedures containing several elements. While acknowledging spending on cybersecurity…
Jump in Facial and Voice Recognition Raises Privacy, Cybersecurity, Civil Liberty Concerns
Facial recognition, voiceprint, and other biometric-related technology are booming, and they continue to infiltrate different facets of everyday life. The technology brings countless potential benefits, as well as significant data privacy and cybersecurity risks.
Whether it is facial recognition technology being used with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time…
Top 10 for 2022 – Happy Data Privacy Day!
In honor of Data Privacy Day, we provide the following “Top 10 for 2022.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2022.
- State Consumer Privacy Law Developments
On January 1, 2020, the CCPA ushered into the U.S. a range of new rights for…
Fraud, Data Breaches Continuing to Crush Federal and State Unemployment Benefit Departments, Pennsylvania’s Next?
Few want to get past the COVID-19 pandemic more than leaders of federal and state unemployment benefit departments. For the last 2 years they have been successfully targeted for fraud and data breaches, racking up billions in losses. Thousands of employees across the country, including yours truly, have had false claims submitted in their name.…
California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a consumer’s personal information and provides consumers new and expansive rights with respect to their personal information.
Less than one…
The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention
Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for good reason. But there is a basic principle of data protection that when applied across an organization can significantly reduce the impact of a data…
From Time Keeping to Dashcams, BIPA Litigation Continues
The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week.
Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago…
Preventing “Credential Stuffing” Attacks, Guidance from NY State Attorney General Letitia James
After reading New York Attorney General Letitia James’ Business Guide for Credential Stuffing Attacks (“Guide”), I promptly reminded my family (and myself!) to change passwords. The practice of using the same password for multiple online accounts is one that most, if not all of us, use from time to time. According to a recent study,…