Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace....more
We have been quite busy this October, which happens to be National Cybersecurity Awareness Month. But, we did not want to let the month go by without some recognition; and we are grateful to the HHS Office for Civil Rights...more
Over the past several years, there has been a significant increase in the use of dashcam technology. The technology available in the market is quite advanced. As we observed here, these devices can be equipped with...more
10/28/2022
/ Artificial Intelligence ,
Biometric Information ,
California ,
Commercial Vehicles ,
Dashcams ,
Employee Monitoring ,
Facial Recognition Technology ,
Geolocation ,
Governor Newsom ,
Notice Requirements ,
Technology ,
Vehicle Tracking
On October 21 and 22, the California Privacy Protection Agency (CPPA) Board will meet to discuss possible action regarding the proposed regulations for the California Consumer Privacy Act (CCPA) and California Privacy Rights...more
On October 3, 2022, the White House Office of Science and Technology Policy published its “Blueprint for an AI Bill of Rights.” This adds to prior federal guidance released by the EEOC and DOJ regarding the use of AI in...more
10/7/2022
/ Algorithms ,
Artificial Intelligence ,
Automated Systems ,
Department of Labor (DOL) ,
Emerging Technologies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Rights ,
OECD ,
Technology Sector
California passed Assembly Bill (AB) 2089, which amends the Confidentiality of Medical Information Act (CMIA) to include mental health application information under the definition of medical information....more
1. What’s changing?
Under the current version of the California Consumer Privacy Act (“CCPA”), an employer’s obligations related to the personal information it collects from employees, applicants, and contractors residing...more
9/28/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Do Not Sell ,
Employee Rights ,
Job Applicants ,
Notice Requirements ,
Personal Information ,
Privacy Policy
California’s Governor signed Assembly Bill (AB) 2273, the first of its kind state legislation that requires businesses that provide online services, products, or features likely to be accessed by children to comply with...more
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
For the past few years, California’s comprehensive privacy law known as the California Consumer Privacy Act (“CCPA”) included an important partial exemption for employees, applicants, and independent contractors...more
On August 17, 2022, New York announced an amendment to the Continuing Legal Education (CLE) Program Rules, which adds a requirement for attorneys to complete at least one CLE credit hour in Cybersecurity, Privacy, and Data...more
A $300,640 settlement announced yesterday by the Office for Civil Rights (OCR) provides important reminders about HIPAA Privacy Rule and data privacy practices generally: robust data disposal practices are critical and...more
On August 11, 2022, the Federal Trade Commission (FTC) announced proposed rulemaking pertaining to “commercial surveillance and lax data security.” However, the overall focus of the potential rulemaking is consumer privacy...more
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
In response to the United States Supreme Court decision in Dobbs vs. Jackson Women’s Health Organization, President Joe Biden signed an Executive Order on Friday, July 8, 2022, designed to protect access to reproductive...more
7/11/2022
/ Abortion ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Joe Biden ,
OCR ,
Patient Privacy Rights ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS
At the start of June, the California Privacy Protection Agency (CPPA), the agency tasked with implementing and enforcing the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA), voted...more
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
6/21/2022
/ Algorithms ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CEOs ,
Communications Act of 1934 ,
Data Collection ,
Data Privacy ,
Data Protection ,
Discrimination ,
Federal Trade Commission (FTC) ,
Privacy Laws
At the California Privacy Protection Agency (CPPA) Board meeting on June 8, 2022, the board voted to begin the rulemaking process. The Board previously released a 66-page draft of regulations, that are intended to implement...more
On June 8, 2022, the California Privacy Protection Agency (CPPA) Board, will meet to discuss and take potential action regarding a draft of its proposed regulations. The June 8th public meeting includes an agenda item where...more
Organizations attacked with ransomware have a bevy of decisions to make, very quickly! One of those decisions is whether to pay the ransom. Earlier this year, I had the honor of contributing to a two-part series, entitled...more
States continue to tinker with their breach notification laws. The latest modification to the Indiana statute relates to the timing of notification. On March 18, 2022, Indiana Governor Eric Holcomb, signed HB 1351 which...more
On May 20, 2022, the Federal Trade Commission’s Team CTO and the Division of Privacy and Identity Protection published a blog post entitled, “Security Beyond Prevention: The Importance of Effective Breach Disclosures.” ...more
For decades, employers have used technology to help decision-making, from hiring to performance bonuses. While seemingly taking human biases out of the equation, the U.S. Equal Employment Opportunity Commission (EEOC) and the...more
5/19/2022
/ Algorithms ,
Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Reasonable Accommodation ,
Technology ,
Technology-Assisted Review ,
Title VII
When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopted their own statutes intending to enhance privacy rights and consumer protection for their residents. ...more
5/4/2022
/ California Consumer Privacy Act (CCPA) ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Privacy ,
Enforcement ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Risk Assessment ,
State Privacy Laws
“The EEOC is keenly aware that [artificial intelligence and algorithmic decision-making] tools may mask and perpetuate bias or create new discriminatory barriers to jobs. We must work to ensure that these new technologies do...more