Wrongful use of retirement plan participant data was among the claims made by a class of 40,000 participants against the plan sponsor and others in Cassell et al. v. Vanderbilt University et al. Specifically, the plan participants claimed that the University inter alia breached its “loyalty and prudence” duty by failing to protect confidential employee
More Updates to the CCPA May Be Ahead
Ever since the California Consumer Privacy Act (CCPA) was enacted in June of 2018 it has been in a constant state of revision. First, in September of 2018, Governor Jerry Brown signed into law Senate Bill 1121, which helped clarify and strengthen the original version of law. Then, in February of 2019, California Attorney General
HIPAA Penalties Change Under HHS Notice of Enforcement Discretion
When the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009 became law, it made significant changes to the civil monetary penalties for violations of HIPAA. In addition to increasing the amounts of the penalties, HITECH created a tiered approach to penalties, establishing four categories based on levels of culpability. In addition,
Can Hackers Break Into GPS Trackers Used For Your Fleet?
The answer may be yes.
GPS trackers enable businesses to derive greater efficiencies and productivity from their employees and their vehicle fleets. But, when businesses deploy this technology, HR departments often raise valid concerns about employee privacy on and, in some cases, off the job. When employers install GPS trackers on company-owned vehicles, these privacy
CCPA: Employee Personal Information on the Chopping Block
How will the California Consumer Protection Act (CCPA) apply to us? This is a question 0rganizations have asked since the CCPA was first proposed. There remains a number of important questions about the scope of the Golden State’s sweeping privacy law that still need to be answered.
One of those questions is whether the
North Carolina’s Much Anticipated Data Breach Notification Law Amendment Moves to General Assembly
The much-anticipated amendment to North Carolina’s data breach notification law that we reported on earlier this year (see here) has finally been introduced to the state’s General Assembly. The bill entitled, an Act Amending the Identity Theft Protection Act, House Bill DRH40393-LR10C, is primarily sponsored by State Representatives Jason Saine (R), Brenden H.
Washington Poised to Significantly Expand Its Data Breach Notification Law
It was looking like Washington state would be the first state to follow the California Consumer Privacy Act (CCPA), with a GDPR-like law of its own. That effort has stalled, perhaps temporarily. However, both Washington’s House and Senate voted unanimously to send HB 1071 to Gov. Jay Inslee, which would substantially expand the state’s
Secret Video Surveillance Found in Hospital Labor and Delivery Rooms
The New York Times newly established Privacy Project, recently highlighted the extent to which our society has created a “facial recognition machine” – cameras are everywhere, even in doorbells. Segments of society have accepted widespread surveillance on public streets, shopping malls, and in common areas of office buildings, apartment complexes, schools and similar
SEC Issues Privacy and Data Security Risk Alert
Following recent examinations of SEC-registered investment advisers and broker-dealers, the Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) published a privacy risk alert on April 16, 2019. OCIE is hoping to remind advisers and broker-dealers about providing compliant privacy and opt-out notices, and adopting and implementing effective policies and procedures for
Small Michigan Medical Practice To Close Following Ransomware Attack
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