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 March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in...more
3/7/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Governor Sununu ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Personal Data ,
State Privacy Laws
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
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
On June 26, 2023, the Governor of Connecticut signed Senate Bill (SB) 3 which set forth new requirements related to consumer health data and protections for minors online.
As Connecticut’s comprehensive consumer privacy...more
On May 19, 2023, Montana’s Governor signed Senate Bill 384, the Consumer Data Privacy Act. Montana joins California, Colorado, Connecticut, Indiana, Iowa, Tennessee, Utah, and Virginia in enacting a comprehensive consumer...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
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
1/27/2023
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California Privacy Protection Agency (CPPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Employee Monitoring ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Popular ,
State Privacy Laws
Last month, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a bulletin with guidance concerning the use of online tracking technologies by covered entities and business associates...more
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
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
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more
1/20/2022
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CMIA ,
Consumer Privacy Rights ,
Contractors ,
Cookies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Business ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
For-Profit Corporations ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Record Retention ,
Sensitive Personal Information ,
Third-Party
The Federal Trade Commission (“FTC”) recently issued an important policy statement to health apps and other connected devices that collect or use consumers’ health information. The FTC’s policy statement effectively...more
Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from...more
State legislatures across the nation are prioritizing privacy and security matters, and Connecticut is no exception. This week, Connecticut Attorney General William Tong announced the passage of An Act Concerning Data Privacy...more
In a landmark decision, the U.S. Supreme Court has ruled that the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030 et seq., does not prohibit improper use of computer information to which an individual has authorized...more
On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more
5/26/2021
/ Anti-Discrimination Policies ,
California Consumer Privacy Act (CCPA) ,
CDPA ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Controller ,
DPPA ,
Duty of Care ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
New York ,
Opt-In ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Proposed Legislation ,
Right to Delete ,
Written Notice
When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopt their own statutes intended to enhance privacy rights and consumer protection for residents. The...more
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
1/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
New Guidance ,
Virus Testing ,
Workplace Safety
In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021...more
1/28/2021
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
ATDS ,
Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet of Things ,
OCR ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
TCPA
In a landmark ruling, the Vermont Supreme Court recently held that a patient had standing to sue both the hospital at which she was a patient and the employee who attended to her, for negligent disclosure of her personal...more
Privacy and cybersecurity risks continue to emerge for organizations large and small. While by no means exhaustive, we briefly discuss some key issues that organizations may need to focus on in 2019 and beyond....more
1/8/2019
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Email ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
TCPA
October 2018 marks the 15th annual National Cyber Security Awareness Month. In honor of this occasion, the Office of the National Coordinator for Health Information Technology (ONC) and the HHS Office for Civil Rights (OCR)...more