ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
EyeMed recently entered into a settlement with the Attorneys General of Oregon, New Jersey, Florida and Pennsylvania around a 2020 breach of an EyeMed email account that contained the data of more than 2 million individuals....more
5/18/2023
/ California ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Florida ,
New Jersey ,
Oregon ,
Pennsylvania ,
Privacy Laws ,
Settlement ,
State Privacy Laws
In a recent settlement with the New York Department of Financial Services, EyeMed Vision Care LLC agreed to pay a $4.5 million penalty and undertake remedial measures to increase its cybersecurity. This includes undertaking...more
Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
The SEC’s enforcement action with a leading seller of market data (App Annie Inc.) signals its concern with misleading data use representations. While the data at issue was not “personally identifiable” information, but...more
Will HHS’ approach for imposing penalties in the aftermath of a data breach become a little clearer in 2021? This is a distinct possibility in the wake of a Fifth Circuit decision vacating penalties against MD Anderson Cancer...more
2/9/2021
/ Civil Monetary Penalty ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Enforcement Actions ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HIPAA Breach ,
HIPAA Security Rule ,
HITECH Act ,
Hospitals ,
Reversal
The FTC recently settled with Ascension Data & Analytics for failure to oversee service providers. Ascension provides services to mortgage companies within its corporate family of entities. According to the complaint,...more
Illinois has updated its breach notice law to require, effective January 1, 2020, notice to the Illinois Attorney General of a data breach involving more than 500 Illinois residents.
The law contains specific requirements...more
As we recently reported, New York’s new SHIELD Act contains data security provisions. It also contains a number of key changes to New York’s existing breach notification obligations. These changes will become effective...more
New York recently passed the SHIELD Act, which, among other things, newly establishes data security requirements for companies that collect private information about New York residents. The data security protections required...more
8/27/2019
/ Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
New Legislation ,
Personally Identifiable Information ,
Policies and Procedures ,
Security Risk Assessments ,
SHIELD Act ,
State Data Breach Notification Statutes
Maryland has amended its breach notification law to require businesses that maintain data, not just those that own or license the data, to conduct “a reasonable and prompt investigation” into whether personal information has...more
7/3/2019
/ Amended Legislation ,
Cooperation ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Duty to Investigate ,
Personally Identifiable Information ,
State Data Breach Notification Statutes ,
Vendors
New requirements to the Texas data breach statute, including a requirement to notify the Texas attorney general of a breach, are set to go into effect January 1, 2020. The legislation, signed by Texas Governor, Greg Abbot, on...more
New Jersey joins a growing list of states that include user name, email address or any other identifier in combination with any password or security question and answer would permit access to an online account as personal...more
Ohio recently followed South Carolina as the second state to adopt cybersecurity legislation modeled after the NAIC’s Insurance Data Security Model Law. The Ohio law, Senate Bill 273, applies to insurers authorized to do...more
3/21/2019
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Hackers ,
Incident Response Plans ,
Information Security ,
Insurance Industry ,
Insurer Liability ,
New Legislation ,
Personally Identifiable Information ,
Risk Assessment ,
State Data Breach Notification Statutes ,
Third-Party Service Provider
In the aftermath of Equifax’s data breach, a federal court recently found that allegations of poor cybersecurity coupled with misleading statements supported a proper cause of action. In its decision, the U.S. District Court...more
2/7/2019
/ Amended Complaints ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
Equifax ,
False Statements ,
Investors ,
Misleading Statements ,
Popular ,
Securities Fraud