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Top Ten for 2023 – Happy Data Privacy Day!

To celebrate Data Privacy Day, we present our top ten data privacy and cybersecurity predictions for 2023. 1. Healthcare and Medical Data Security and Tracking- The healthcare industry has been facing increased scrutiny...more

2023 New Year’s Resolution: Don’t Get “Whacked” By A State AG for Cybersecurity Compliance

It usually happens after a reported data breach. The organization experiencing the breach sends notifications to affected individuals, as well as federal and or state agencies where appropriate and perhaps other parties. Not...more

Virginia’s Consumer Data Protection Act is not the only Privacy and Data Protection Law in the Commonwealth

On January 1, 2023, Virginia’s Consumer Data Protection Act (CPDA) takes effect. Key features of the CPDA include expansive consumer privacy rights (right to access, right of rectification, right to delete, right to opt-out,...more

First California Consumer Privacy Act Enforcement Action and Settlement

August 24, 2022, marked a milestone for the California Consumer Privacy Act (CCPA), the California Attorney General announced the first enforcement and settlement against beauty retailer Sephora....more

Don’t Forget About Other Data Laws When It Comes to Connecticut Privacy Requirements

While the federal government attempts to move forward with a more uniform national law, Connecticut joined California, Colorado, Utah, and Virginia in passing a comprehensive consumer privacy law....more

Congress Releases Draft Federal Privacy Law with Potential Traction To Pass

The federal government has been trying to reach a consensus on data privacy and thus far has failed to pass legislation. On June 3, 2022, a bipartisan draft bill, titled the American Data Privacy and Protection Act was...more

Construction Industry: Data Security Considerations

No industry is immune to privacy and cybersecurity risks, and the construction industry is no exception. Those in the construction industry can protect against a potential cyberattack by understanding the risks and...more

Massachusetts Privacy Bill Provides WISP Reminder, Safe Harbor for Punitive Damages

When Massachusetts issued its data security regulations in 2009 (Regulations), it led the way for states on data security. The Regulations became effective 12 years ago, almost to the day, March 1, 2010. The Bay State is now...more

The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention

Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for...more

Illinois Panel Issues Important Ruling On BIPA Statute Of Limitations

On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information...more

Texas Joins Other States With New Texas Data Breach Notification Requirement: Is This A New Trend?

The Texas Legislature, which meets every other year, pushed a change to its data breach notification law at the end of the session in late May, and yesterday Governor Greg Abbott signed the bill into law...more

Florida Moves Forward A Revised Consumer Privacy Bill

Will Florida be the next state to enact a comprehensive consumer privacy law? It sure is starting to look like a viable possibility. With the California Consumer Privacy Act (“CCPA”) in full effect, and the recent enactment...more

Developing A Privacy And Cybersecurity Training Program For Employees

Increased remote work due to the COVID-19 pandemic has only exacerbated privacy and cybersecurity concerns, and likely has not changed the finding in Experian’s 2015 Second Annual Data Breach Industry Forecast:.....more

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...more

AG Becerra Announces Approval Of Additional CCPA Regulations

Here we go again! On March 15th, 2021, the California Department of Justice (“Department”) announced approval of modifications to the California Consumer Privacy Act’s (CCPA) regulations, originally introduced in December of...more

A Reminder For Employers About W-2 Phishing Scams

For the past several years, thousands of businesses have been hit with phishing scams during tax season. Through these social engineering scams, hackers obtain employee Forms W-2 for filing fraudulent tax returns seeking...more

As Voice Recognition Technology Market Surges, Organizations Face Privacy And Cybersecurity Concerns

A new report released by Global Market Insights, Inc. last month estimates that the global market valuation for voice recognition technology will reach approximately $7 billion by 2026, in main part due to the surge of AI and...more

California Passes Prop 24: Here Comes CCPA 2.0

It goes without saying that November 3rd 2020 was an important day for the future of the nation, but it was also a significant day for the future of California privacy law. On Tuesday, a strong majority of California voters...more

Transferring Employee Data After EU-U.S. Privacy Shield Invalidated

Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the...more

CCPA Litigation Is On The Rise: Is Your Organization Prepared?

On January 1, 2020 the California Consumer Privacy Act (CCPA) took effect. Largely considered the most expansive U.S. privacy law to date, there has been much anticipation over the impact the law will have on the privacy...more

Federal COVID-19 Consumer Data Protection Bill Introduced

As the COVID-19 pandemic presses on, legislators and regulators continue to remind the public of the importance of data security and privacy protections. On April 30th, U.S. Senator Roger Wicker (R-Miss), Chairman of the...more

Out Of Sight Is Not Out Of Mind – Monitoring Workers Working From Home

Just over a month ago, we provided a high-level checklist to help organizations think about critical issues as employees begin working from home to reduce the spread of COVID19. Consistent with “shelter-in-place”/”stay at...more

UK And US Issue Joint Cybersecurity Alert Concerning Explosion Of COVID-19 Phishing Attacks

In the US, many organizations anxiously awaiting assistance under the CARES Act are becoming the targets of cyberattackers looking to feed off of the massive relief being provided by the US treasury. Yesterday, the United...more

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