When it comes to safeguarding health data, the Health Insurance Portability and Accountability Act (HIPAA) is paramount. HIPAA’s extensive reach encompasses nearly all healthcare providers and all health plans, affecting just...more
5/28/2025
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Enforcement ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Patient Privacy Rights ,
Privacy Laws ,
Reproductive Healthcare Issues ,
State Attorneys General ,
State Privacy Laws
A recent series of articles by the International Association of Privacy Professionals discusses a trend in privacy litigation focused on breach of contract and breach of warranty claims.
Practical Takeaways-
• Courts are...more
5/21/2025
/ Breach of Contract ,
Business Litigation ,
Consumer Privacy Rights ,
Contract Disputes ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Litigation Strategies ,
Personal Information ,
Privacy Policy ,
Websites
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...more
According to one survey, Florida is fourth on the list of states with the most reported data breaches. No doubt, data breaches continue to be a significant risk for all business, large and small, across the U.S., including...more
As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more
1/29/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Dashcams ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Labor (DOL) ,
Employee Monitoring ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Third-Party Service Provider ,
Wearable Technology
Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive...more
1/21/2025
/ Confidential Information ,
Confidentiality Agreements ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Former Employee ,
Intellectual Property Protection ,
Personal Data ,
Personal Information ,
Restrictive Covenants ,
Risk Management ,
Sensitive Business Information ,
Trade Secrets ,
UTSA
If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at...more
1/17/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
CMIA ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws
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...more
1/13/2025
/ Compliance ,
Credit Monitoring ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Identity Theft ,
Incident Response Plans ,
Information Technology ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
Ransomware ,
Regulatory Requirements ,
Risk Management ,
School Districts ,
State Privacy Laws ,
Vendors
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our most popular topics and posts from 2024.
Expanding State Privacy Laws-
This year saw a...more
1/2/2025
/ Artificial Intelligence ,
Biometric Information ,
Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Fair Credit Reporting Act (FCRA) ,
Personal Data ,
Privacy Laws ,
Retirement Plan ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
Web Tracking
Around the country, the weather is turning wintery, but in the privacy arena, there will be a blizzard as five state comprehensive privacy laws become effective. Here is an overview of businesses needing to prepare....more
On May 24, 2024, Minnesota’s governor signed an omnibus bill, HF4757 which included the new Consumer Data Privacy Act. The state joins Kentucky, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island in passing...more
Maryland’s governor recently signed the Maryland Online Data Privacy Act of 2024 (MODPA), making Maryland one of six states—along with Kentucky, Nebraska, New Hampshire, New Jersey, and Rhode Island—to pass a comprehensive...more
On April 17, 2024, Nebraska’s governor signed Legislative Bill 1074, which establishes a consumer data privacy law for the state. Nebraska’s law takes effect January 1, 2025. To Whom does the law apply? The law applies to...more
“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...more
4/11/2024
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
FERPA ,
General Data Protection Regulation (GDPR) ,
Genetic Testing ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
Ransomware ,
Tracking Systems
In what is being called the American Privacy Rights Act (Act), some are suggesting this could be the one! For many years, Congress has been unable to come together to craft a national privacy law. There have been several...more
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)...more
1/29/2024
/ Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Mining ,
Data Protection ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
OCR ,
PHI ,
Subcontractors ,
Vendors
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,...more
1/29/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Biometric Information Privacy Act ,
Class Action ,
COPPA ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Online Safety for Children ,
Popular ,
Risk Assessment ,
Risk Management ,
State Privacy Laws ,
Web Tracking
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our Top 10 most popular topics from 2023....more
12/21/2023
/ Artificial Intelligence ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
SHIELD Act ,
UK ,
Workplace Privacy
Small businesses may be discouraged from investing in preventive cybersecurity measures due to the expense involved and the mistaken belief that only larger companies are the target of cybercrimes. But that is not the case....more
On September 11, 2023, Delaware’s Governor signed House Bill 154 which enacts the state’s comprehensive consumer data privacy statute. Delaware joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Oregon,...more
In a 2019 post about increasing cyber risks in K-12 schools, we cited a report, “The State of K-12 Cybersecurity: 2018 Year in Review,” that contained sobering information about cybersecurity in local school districts across...more
On July 18, 2023, Oregon’s Governor signed Senate Bill 619 which enacts Oregon’s comprehensive consumer data privacy statute. Oregon joins California, Colorado, Connecticut, Indiana, Iowa, Montana, Tennessee, Texas, Utah, and...more
Though enforcement of the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA) has been paused for now, the State of California is not resting when it comes to compliance with the...more
Health data privacy, including in the context of reproductive health, was strengthened last week when Washington Governor Jay Inslee signed the “My Health, My Data Act” on April 27, 2023.
Set to take effect on March 31,...more
On March 15, 2023, the Iowa legislature unanimously passed Senate File 262, the Consumer Privacy Act, which relates to consumer data and privacy protection. Once signed by Iowa’s governor, the statute will become operative on...more