Consumer privacy issues are as a hot as ever, and on the radar of the state and federal legislature alike. Following in the footsteps of California, and most recently Virginia and Colorado, Ohio introduced a comprehensive consumer privacy bill, the Ohio Personal Privacy Act (the “Act”). By introducing the Act, Ohio follows the growing nation-wide
Utah is the 2nd State to Create a Safe Harbor for Companies Facing Data Breach Litigation
In mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons (defined below) facing a cause of action arising out of a breach of system security, and establishing the requirements for asserting such
Privacy and Cybersecurity Issues to Watch in 2019
Privacy and cybersecurity risks continue to emerge for organizations large and small. While by no means exhaustive, we briefly discuss some key issues that organizations may need to focus on in 2019 and beyond.
Business Email Compromise (BEC)/Email Account Compromise (EAC) – BEC and EAC attacks are widespread and show no sign of slowing in
Cautionary Tale for Health Care Providers Subject to HIPAA – Don’t Forget State Law
This recent Michigan case makes clear that when handling protected health information, HIPAA is not the only game in town. Health care providers also must consider state law protections which, as this and other courts have held, will trump HIPAA when the state laws are more protective.
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Keylogging–Jurisdictions at Odds Over Privacy Concerns
Keystroke logging (or “keylogging”) is the noting (or logging) of the keys struck on a computer keyboard. Typically, this is done secretly, so the keyboard user is unaware his activities are being monitored.
Several cases throughout the country have examined an employer’s use of keylogging. Recently, the Criminal Court of the City of New York held