Just as businesses are gearing up for the start of enforcement of the California Consumer Privacy Act (“CCPA”), California cleared the way for the California Privacy Rights Act (“CPRA”). The CPRA is an initiative imposing...more
Online stationery and craft company Minted Inc. has been hit with a CCPA class action lawsuit, stemming from a massive data breach the company disclosed in late May. The proposed class action lawsuit, filed in a California...more
6/17/2020
/ Breach of Implied Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Putative Class Actions ,
State Attorneys General ,
Unfair Competition Law (UCL)
Companies planning to conduct pandemic-related temperature checks for California employees and visitors to their premises should consider their compliance obligations under the California Consumer Privacy Act (“the CCPA”). If...more
The California AG’s office has dropped the long-awaited final CCPA Regulations, and requested expedited review from the Office of Administrative Law. If this request is granted, the regulations will be effective by July...more
In an unprecedented ruling, one federal court recently held that the work product doctrine does not protect the expert cybersecurity report prepared after a data breach. The court ordered the release of the unredacted...more
Privacy risks of using big data in the fight against COVID-19 are significant, and have caught the attention of Republicans and Democrats alike.
Earlier this month we reported on a bill introduced on May 7 by Republican...more
Amidst multiple investigations into the privacy and security practices at Zoom Video Communications (“Zoom”), New York Attorney General Letitia James recently announced a settlement agreement with Zoom after the failings of...more
5/13/2020
/ Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Department of Education ,
Facebook ,
Popular ,
Settlement Agreements ,
State Attorneys General ,
Videoconference ,
Virtual Meetings ,
Zoom®
Last month, we reported that the United States Senate, Committee on Commerce, Science, and Transportation, conducted a hearing on “Enlisting Big Data in the Fight Against Coronavirus.” Specifically, the Committee focused on...more
In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace.
Can We Screen Our Employees...more
We have been discussing the abrupt roll-out of remote workforce capabilities both in this space (here and here) and in our recent webinar. As companies raced to get employees up and running remotely, business continuity was...more
The New York Department of Financial Services (“NYDFS”) recently issued new guidance to regulated entities regarding cybersecurity awareness during the COVID-19 pandemic - citing a significant increase in cybercrime and...more
The US Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security have issued a rare joint alert with the UK’s National Cyber Security Centre (NCSC) regarding coronavirus-related threats....more
The COVID-19 pandemic and resulting office shutdowns has required many organizations to quickly transition to remote working environments. Going remote often requires a number of technology solutions and tools such as video...more
The NYDFS has announced that it has extended the deadline for compliance with certain cybersecurity requirements due to the coronavirus emergency.
The announcement from the Superintendent of Financial Services of the State...more
4/1/2020
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Compliance ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Disclosure Requirements ,
Financial Institutions ,
Financial Services Industry ,
Information Technology ,
Insurance Industry ,
Notice Requirements ,
NYDFS ,
Personally Identifiable Information ,
Popular ,
Risk Assessment ,
Risk Management ,
Third-Party Service Provider
Although it may not seem like it, there are privacy-related issues to discuss beyond COVID-19. Before the state of emergency, we saw the first complaint under the California Consumer Privacy Act (CCPA) filed in a California...more
The Financial Industry Regulatory Authority (FINRA), the independent nongovernmental organization that writes and enforces the rules governing U.S. registered brokers and broker-dealers, has issued guidance to its member...more
With cases of the Novel Coronavirus (COVID-19) emerging in nearly every state, many businesses are taking swift action in an effort to curb its spread. Teleworking, “remote working,” or simply “working from home,” is a...more
3/17/2020
/ Bring Your Own Device (BYOD) ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
Phishing Scams ,
Popular ,
Public Health ,
Remote Working ,
Risk Management ,
Telecommuting
The New York Department of Financial Services (NYDFS) issued guidance to financial institutions engaged in virtual currency business activities, mandating that an emergency preparedness plan from each firm be submitted to...more
As of March 12, 2020, the proposed Washington Privacy Act has foundered on enforcement rocks. The Senate did not agree with the House’s amendment that would have included a broad private right of action. The Senate’s version...more
3/13/2020
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Authority ,
Infectious Diseases ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes
COVID-19 is not the only virus associated with the global outbreak. As predictably as night follows day, cybercriminals have been using the epidemic as a means to spread their malicious payloads. Companies should include...more
Wrapping up our multi-part series on the recent revisions to the CCPA draft regulations issued earlier this month by the California Attorney General’s office, we look at Article 6 pertaining to non-discrimination and...more
In this post, we offer insights on the revisions recently made by the California Attorney General’s office to Article 5 of its draft regulations pertaining to special rules regarding minors. Article 5 imposes special...more
In this post, we offer insights on the revisions recently made by the California Attorney General’s office to Article 4 of its draft regulations pertaining to verification requirements. Article 4 specifies how businesses...more
The Washington Privacy Act has overwhelmingly passed the Washington state senate by a vote of 46-1...more
We previously provided insights into this important portion of the regulations... In this installment we address important revisions provided by the AG’s office to Article 3 of these regulations, several of which will have...more