cybersecurity

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In February, a coalition of healthcare organizations sent a letter to President Donald J. Trump and the U.S. Department of Health and Human Services (HHS) (the Letter), urging the immediate rescission of a proposed update to the Security Rule under HIPAA. The update is aimed at strengthening safeguards for securing electronic protected health information.…

A massive data breach hit one of the country’s largest education software providers. According to EducationWeek, PowerSchool provides school software products to more than 16,000 customers, largely K-12 schools, that serve 50 million students in the United States. According to reports, PowerSchool informed customers that, on December 28, 2024, PowerSchool became aware of…

No organization can eliminate data breach risks altogether, regardless of industry, size, or even if the organization has taken significant steps to safeguard their systems and train employees to avoid phishing attacks. Perhaps the most significant reason these risks remain: third-party service providers or vendors.

For most businesses, particularly small to medium-sized businesses, service providers…

A little more than three years ago, the U.S. Department of Labor (DOL) posted cybersecurity guidance on its website for ERISA plan fiduciaries. That guidance extended only to ERISA-covered retirement plans, despite health and welfare plans facing similar risks to participant data.

Last Friday, the DOL’s Employee Benefits Security Administration (EBSA) issued Compliance Assistance Release…

The Swiss Federal Council has added the U.S. to the list of countries with an adequate level of data protection. Effective September 15, 2024, U.S. organizations that certify to the Swiss–U.S. Data Privacy Framework (DPF) can commence receiving transfers of personal data from Switzerland without implementing additional safeguards.

While U.S. organizations were permitted to certify…

“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s information systems, the intrigue of international threat actors, and the mobilization and collaboration of national law enforcement to thwart these attacks, it’s no wonder. Notions…

On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to Americans’ “bulk sensitive personal data” and United States Government-related data by countries of concern can, among other things:

…fuel the creation and refinement…

For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI) likely triggers obligations to notify affected individuals, the federal Office of Civil Rights (OCR), potentially the media and other entities. The breach also may require…

To celebrate Data Privacy Day (January 28), we present our top ten data privacy and cybersecurity predictions for 2024.

  1. AI regulations to protect data privacy.

Automated decision-making tools, smart cameras, wearables, and similar applications, powered by technology commonly referred to as “artificial intelligence” or “AI” will continue to expand in 2024 as will the regulations…

According to a New York Times story this weekend, the Security Exchange Commission’s lawsuit against SolarWinds is driving discussions in boardrooms and corporate security departments of large organizations about the handling and reporting of cybersecurity breaches. It turns out that such boards and departments may not be the only ones following the SEC’s increased focus…