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
South Dakota: The 49th State to Enact a Data Breach Notification Law
It’s official! Alabama is the only remaining state lacking a data breach notification statute. On March 21, 2018 South Dakota Attorney General Marty Jackley announced that Governor Dennis Daugaard signed into law the state’s first data breach notification law, after unanimous approval by both chambers of the state legislature a couple weeks prior. The
An Employee’s Right of Erasure Under the GDPR
The implementation of the European Union’s General Data Protection Regulation (GDPR), with an effective date of May 25, 2018, is just around the corner, and with it will come pressure on the human resources (HR) department to update its approach to handling employee data. The GDPR significantly enhances employee rights in respect to control over
Alabama Senates Passes Data Breach Notification Act
There are only two states in the U.S. that have yet to enact data breach notification laws, but that may change in 2018. Several weeks ago, the South Dakota state legislature announced that a data breach notification bill (Senate Bill No. 62) was pending. Now, Alabama is following suit.
On March 1st
Is Employee Consent Under the GDPR Possible?
The European Union’s General Data Protection Regulation (GDPR) is fast approaching and U.S. organizations that control or process personal data of EU residents are likely subject to these new data protection requirements. Now is the time for U.S. employers to determine whether they are covered by the GDPR (see our blog post, Does the GDPR
ABA Gets Lawyers Heightened Protections for Device Searches at International Borders
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
Top 10 for 2018 – Happy Data Privacy Day
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
Employers Can Be Vicariously Liable for Employee Data Breaches
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
Connecticut Supreme Court: Health Care Providers Can Be Sued for Unauthorized Disclosures of Confidential Information
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
North Carolina AG Proposes Stronger Breach Notification and Personal Information Safeguard Requirements
Citing to estimates in 2017 “more than 5.3 million North Carolinians were … affected by a data breach,” Attorney General Josh Stein and Rep. Jason Saine announced on January 8 proposed legislation aimed at protecting state residents from becoming victims of identity theft. To do so, the “Act to Strengthen Identity Theft Protections” (see fact