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
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
Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB...more
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
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
The explosion of generative AI has spawned a wide range of personal and professional tools and applications. One noteworthy (no pun intended) example of those tools and applications is notetakers that can capture, transcribe,...more
The Federal Trade Commission (FTC) has approved an amendment to its Safeguards Rule that will require non-banking financial institutions to report certain data breaches (or “notification events”) to the FTC (not affected...more
11/6/2023
/ Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
Gramm-Leach-Blilely Act ,
Personal Information ,
Private Commercial or Financial Information ,
Reporting Requirements ,
Safeguards Rule
On October 8, 2023, Governor Newsom signed Assembly Bill (AB) 947. Effective January 1, 2024, the bill will revise the California Consumer Privacy Act (CCPA) definition of “sensitive personal information” to include personal...more
Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against the challenges.
Deluge of...more
10/3/2023
/ Americans with Disabilities Act (ADA) ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Deletion ,
Employee Privacy Rights ,
Employee Training ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Human Resources Professionals ,
Information Technology ,
Personal Information ,
Popular ,
Risk Assessment ,
Risk Management ,
Wage and Hour
When the California Privacy Rights Act (CPRA) was enacted, it created the California Privacy Protection Agency (CPPA) and delegated to the CPPA significant regulatory authority. One of the areas of that authority is...more
On May 11, 2023, Tennessee’s Governor signed Senate Bill 0073, the Tennessee Information Protection Act, making the state the eighth state to pass consumer privacy legislation. Tennessee joins California, Colorado,...more
5/12/2023
/ California Consumer Privacy Act (CCPA) ,
Consumer Protection Laws ,
COPPA ,
Data Controller ,
Data Processors ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
NIST ,
Personal Information ,
State Privacy Laws ,
Tennessee
Since the privacy and security regulations were issued under the federal Health Insurance Portability and Accountability Act (HIPAA), critics pointed to the limitations on the reach of those rules. A critical limitation...more
The Federal Trade Commission (FTC) recently took enforcement action against digital healthcare companies for sharing user information vie third-party tracking pixels, which enable the collection of user data....more
On December 22, 2022, the Nevada Gaming Commission (NGC) adopted regulations creating new cybersecurity requirements for certain gaming operators. This action joins agencies in other jurisdictions moving quickly to protect...more
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
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
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
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 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
After reading New York Attorney General Letitia James’ Business Guide for Credential Stuffing Attacks (“Guide”), I promptly reminded my family (and myself!) to change passwords. The practice of using the same password for...more
With ransomware and other cyber threats top of mind for most in the c-suite these days, a question frequently raised is whether a particular organization is a target for hackers. Of course, nowadays, any organization is at...more
With health-related data and how to protect it at the forefront of discussion since the start of the COVID-19 pandemic, this week California Governor Gavin Newsom signed into law two bills related to genetic data. First, AB...more
When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the...more
10/1/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Coronavirus/COVID-19 ,
Disclosure ,
Employment Records ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Medical Records ,
OCR ,
OSHA ,
Personal Information ,
PHI ,
Physicians ,
Vaccinations
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