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Today’s The Day: CCPA Enforcement Begins

As we’ve been writing about in this space for some time, today marks the opening of the CCPA enforcement era. Despite protestations from the business community, and requests for delay due to the lack of regulations until...more

A New CCPA Data Breach Lawsuit Is “Minted”

Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more

Businesses Beware: Incident Reports May No Longer Have Attorney Work Product Protection Absent Careful Planning

In an unprecedented ruling, one federal court recently held that the work product doctrine does not protect the expert cybersecurity report prepared after a data breach. The court ordered the release of the unredacted...more

COVID-19 Privacy Proposals on Both Sides of the Aisle: A Comparison

Privacy risks of using big data in the fight against COVID-19 are significant, and have caught the attention of Republicans and Democrats alike. Earlier this month we reported on a bill introduced on May 7 by Republican...more

Senate COVID-19 Consumer Data Protection Act of 2020: Balancing Privacy with the Pandemic

Last month, we reported that the United States Senate, Committee on Commerce, Science, and Transportation, conducted a hearing on “Enlisting Big Data in the Fight Against Coronavirus.” Specifically, the Committee focused on...more

Coronavirus (COVID-19): Managing Cyber Security Risks of Remote Work

With cases of the Novel Coronavirus (COVID-19) emerging in nearly every state, many businesses are taking swift action in an effort to curb its spread. Teleworking, “remote working,” or simply “working from home,” is a...more

UPDATED: It’s Déjà vu All Over Again: Washington Privacy Act Fails to Pass

As of March 12, 2020, the proposed Washington Privacy Act has foundered on enforcement rocks. The Senate did not agree with the House’s amendment that would have included a broad private right of action. The Senate’s version...more

Beware the Coronavirus Email Scams

COVID-19 is not the only virus associated with the global outbreak. As predictably as night follows day, cybercriminals have been using the epidemic as a means to spread their malicious payloads. Companies should include...more

Congressional Privacy Action – Part 1: The Senate

As 2020 gets underway, Congress will continue to deliberate on federal privacy legislation in the second session of the 116th Congress. The California Consumer Privacy Protection Act (CCPA) went into effect on January 1, and...more

Is Your Company Still Running Windows 7? READ THIS!

If you haven’t been paying attention to all the Microsoft warnings for the past year and your company is still running Windows 7, time’s up. After January 14, 2020, Microsoft will stop pushing out security updates to Windows...more

CCPA QOTD: What are the employee/applicant and “business to business” exemptions?

Because the term “consumer” is so broad in the CCPA (remember: it’s any California resident), it would have applied to employee and job applicant data and all business contact information across the board. After much...more

The California Consumer Privacy Act – A Brief Guide for Covered Employers

The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices...more

Facsimiles and Other Fossils: FTC Initiates Review to Update COPPA Rule to Keep Pace with Emerging and Connected Technology

They grow up so fast! A sentiment – and challenge – shared by parents and technologists alike. Just when you think you’ve finally figured it out, you blink, and they’re unrecognizable. The old rules can no longer be trusted...more

Massachusetts Data Breach Changes – Coming April 11!

Significant changes to the Massachusetts data breach notification law take effect on April 11, 2019. You can view the amendment here. If you haven’t looked at your written information security plan, or WISP, in a while, now’s...more

Complying with the California Consumer Privacy Act: Are Health Care Organizations "Home Free"?

On June 28, 2018, California passed the California Consumer Privacy Act (CCPA) and then further amended it on September 23, 2018. CCPA breaks new state law privacy ground and imposes consumer protections that are comparable...more

Oath (f/k/a AOL) Agrees to Pay Record Settlement over COPPA Violations

Recently, Oath, a wholly-owned subsidiary of Verizon Communications agreed to pay $4.95 million to settle charges from the New York attorney general’s office that the company’s online advertising business was violating...more

National Cyber Strategy Aims to Deter through Strength; Collaborate with Private Sector to Secure Cyberspace

Late last week the White House released its National Cyber Strategy, setting forth its approach to protecting U.S. critical infrastructure from global cyber threats. The National Cyber Strategy builds off of Executive Order...more

Colorado Passes Far Reaching New Privacy and Cybersecurity Law

Recently, a new bill was signed by Colorado Governor John Hickenlooper, creating far reaching new requirements for entities that collect or maintain personal identifying information of Colorado residents. These requirements,...more

Still Thinking about GDPR?

We are now in the 10-day countdown to the GDPR enforcement date that we’ve been talking about since 2015. If you are a charter member of Procrastinators Anonymous, or just secretly hoped that this would all go away, the sands...more

FTC Puts Kids’ Smart Watch Companies in Time Out for COPPA Violation

Answering the centuries’ old question, it appears it is the Federal Trade Commission (“FTC”) that watches the watchmen. The FTC sent warning letters to a pair of foreign app developers cautioning them that their practices of...more

Mintz Matrix Updated – Data Breach Laws in All 50 States

With the recent enactment of data breach notification laws in South Dakota and Alabama, all 50 US states now have laws regulating data breach notification. We’ve updated the Mintz Matrix (maintained by the Mintz Privacy Team...more

TechConnect - Your Law Firm Link to Industry News - April 2018

Letter from the Editors - As Tolstoy once wrote, “Spring is the time of plans and projects.” Hopefully, the snows of winter are finally behind us, and it’s time to look forward, build, and create! We at Mintz Levin continue...more

How to Leverage Privacy as a Key Competitive Advantage

“Privacy by design” – while not a new concept – is certainly enjoying a new spot in the sunshine thanks to the European Union’s General Data Protection Regulation (“GDPR”) (50 days and counting…) and its codification of...more

Only One Left …..

Only one U.S. state without a data breach notification law, that is. South Dakota as become the 49th state to enact a data breach notification law, which take effect on July 1. The South Dakota law follows the pattern...more

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