U.S. organizations have long focused on federal requirements governing international data transfers. But a growing wave of state enforcement—particularly in Florida and Texas—signals that regulators are increasingly scrutinizing how companies move sensitive data outside the United States, especially when foreign adversaries may be involved. Recent developments suggest organizations should reassess their data flows, vendor relationships
Federal Trade Commission Considers Rulemaking Pertaining to Consumer Privacy & Data
On August 11, 2022, the Federal Trade Commission (FTC) announced proposed rulemaking pertaining to “commercial surveillance and lax data security.” However, the overall focus of the potential rulemaking is consumer privacy and data security. The FTC states in its notice that its “extensive enforcement and policy work over the last couple of decades on consumer
DOJ Announces Cybersecurity Enforcement Initiative Targeting Federal Contractors
Last week, the Department of Justice (“DOJ”) announced the launch of its Civil Cyber-Fraud Initiative (“the Initiative”) aimed at combating “new and emerging cyber threats to the security of sensitive information and critical systems” specifically targeting accountability of cybersecurity obligations for federal contractors and federal grant recipients, by way of the False Claims Act. The
The U.S. Supreme Court Dismisses U.S. v. Microsoft Following Passage of the CLOUD Act
On April 17th, the U.S. Supreme Court dismissed the highly anticipated U.S. v. Microsoft, ruling that recently enacted legislation rendered the case moot. Microsoft Corp. had been in litigation with the U.S. Department of Justice (DOJ) for several years over the issue of whether Microsoft must comply with a U.S. search warrant
Yes, a Person Can be Criminally Prosecuted for Violating HIPAA
As reported by HealthcareInfoSecurity.com, a former hospital employee is facing criminal charges brought by federal prosecutors in Texas for alleged violations of the privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA). You may remember that back on June 1, 2005, the Department of Justice issued an opinion supporting the