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Multi-factor Authentication (MFA) Bypassed to Permit Data Breach

As organizations continue to take steps to prevent cyberattacks, a near-universal recommendation is that they should implement multi-factor authentication (MFA), and for good reason. Organizations subject to the updated FTC...more

AI Notetakers – Evaluating the Risks Along with the Benefits

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

President’s Executive Order Seeks to Protect Certain “Bulk Sensitive Personal Data” from “Countries of Concern”

On February 28, 2024, President Biden issued an Executive Order (EO) seeking to protect the sensitive personal data of Americans from potential exploitation by particular countries. The EO acknowledges that access to...more

Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification

For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI)...more

Top 10 for 2024 – Happy Data Privacy Day!

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

AI, Phishing Attacks, Healthcare, and a $480,000 OCR Settlement under HIPAA

Phishing has long been a favorite tactic for threat actors (hackers) to commence a cyberattack. The rapid expansion of more adaptable and available artificial intelligence (AI) technologies, such as natural language...more

Corporate Boards Mulling Effects of SEC Cyber Enforcement and CISO Exposure, and Possibly Hacker Complaints to SEC

According to a New York Times story this weekend, the Security Exchange Commission’s lawsuit against SolarWinds is driving discussions in boardrooms and corporate security departments of large organizations about the handling...more

Federal Trade Commission Expands Rule Regarding Reporting of Data Security Breaches

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

Cybersecurity Awareness Month Series: Cybersecurity is Important for Small Business Too.

Small businesses may be discouraged from investing in preventive cybersecurity measures due to the expense involved and the mistaken belief that only larger companies are the target of cybercrimes. But that is not the case....more

Sanction Policies Can Help Drive Cybersecurity and HIPAA Compliance, OCR Says

Many HIPAA covered entities and business associates struggle with developing and implementing a sanctions policy. What should it say, is zero-tolerance required, do we have to impose discipline in every case, etc. These are...more

Cybersecurity Awareness Month Series: FBI Director Asks for Help to Fight Cyber Attacks

When hit with a cybersecurity attack, organizations are often not inclined to bring in federal law enforcement. Recent comments by FBI Director Christopher Wray at Mandiant’s annual mWISE 2023 conference seek to encourage the...more

CPPA Mulls Draft Cybersecurity Audit Regulations Under CPRA

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

Insights From The IBM 2023 Cost of a Data Breach Report

The annual Cost of a Data Breach Report (Report) published by IBM is reliably full of helpful cybersecurity data. This year is no different. After reviewing the Report, we pulled out some interesting data points. Of course,...more

White House Announces Efforts to Strengthen K-12 Schools’ Cybersecurity

In a 2019 post about increasing cyber risks in K-12 schools, we cited a report, “The State of K-12 Cybersecurity: 2018 Year in Review,” that contained sobering information about cybersecurity in local school districts across...more

Increase in In-House Oversight of Privacy

The Association of Corporate Counsel and Major, Lindsey & Africa recently released their 2023 Law Department Management Benchmarking Report (Report) which tracks key trends in law department financial and operational data....more

NYSDFS Fines Lender and Mortgage Servicer $4.25M for Cybersecurity Failures Including Vendor Management

Yesterday, New York’s Department of Financial Services (“DFS”) announced another enforcement action under the state’s Cybersecurity Requirements for Financial Services Companies, 23 N.Y.C.R.R. Part 500 (“Reg 500”). According...more

CPPA Starts Rulemaking on Cybersecurity, Risk Assessments, and Automated Decision-making

While the California Privacy Protection Agency (CPPA) only recently approved revised amended regulations pertaining to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), it is already on...more

Stolen Databases Obtained In Transaction Leads to $400K Settlement with PA and OH Attorneys General

This post deals with another data breach, yes, hackers were able to compromise the organization’s systems and exfiltrate personal information relating to over 45,000 Pennsylvania and Ohio residents. However, there are several...more

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

Getting Healthcare in 2023 and Beyond…Virtually…and Securely

Much is being written about “remote work” – is it productive, will demand for it continue or be curtailed in a recession, is cybersecurity compromised, does it inhibit workplace culture, collaboration, etc. Lots of questions,...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

Nevada Gaming Commission Adopts Cybersecurity Regulations

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

OCR Reminds Healthcare Providers and Their Business Associates – You Need an Incident Response Plan!

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

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