On the latest episode of our podcast, Business Better, our Ballard lawyers discuss emerging trends in privacy litigation. Issues we discuss include companies sharing and selling consumer data, plaintiffs’ liability theories, including the right of publicity, and best business practices
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New SEC Proposed Cyber Rules Signal Concern About Systemic Risk
After many years of signaling potential expansion of cybersecurity rules, the Securities and Exchange Commission (SEC) has issued in the past month two new sets of proposed rules governing cybersecurity. The more recent set of proposed rules governs the disclosure
U.S. Treasury Identifies Ongoing and Emergent Money Laundering Risks and Vulnerabilities
On March 1, 2022, the U.S. Department of the Treasury (“Treasury”) published its National Risk Assessment for Money Laundering, Terrorist Financing, and Proliferation Financing (the “NMLRA”), identifying the national threats, vulnerabilities, and risks facing the U.S. financial system.
Illinois Supreme Court Holds That Biometric Privacy Claims Are Not Preempted by Workers’ Compensation Act
On February 3, the Illinois Supreme Court unanimously ruled in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, that the exclusivity provisions of the Illinois Workers’ Compensation Act (WCA) do not preempt employees’ claims for statutory damages under
Colorado AG’s Office Issues Data Security Guidance
On January 28, 2022 the Consumer Protection Section of the Colorado Attorney General’s Office issued guidance regarding data security best practices. Businesses subject to the Colorado Privacy Act can look to these best practices as a roadmap for the technical
Predictions for Privacy & Data Security in 2022
2021 proved to be a momentous year for privacy and data security law. The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening insurance market, and significant corporate anxiety.
Federal Financial Regulators Tighten Timelines for Reporting Ransomware Attacks
As anticipated, the Department of the Treasury’s Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (“Federal Reserve”), and the Federal Deposit Insurance Corporation (“FDIC”) recently approved and released the Final Rule
FTC Strengthens GLBA Financial Safeguards and Privacy Rules
On October 27, the Federal Trade Commission (FTC) announced a final rule (Final Rule) and supplemental notice of proposed rulemaking (NPRM) to amend the Safeguards Rule promulgated under the Gramm-Leach-Bliley Act (GLBA), which requires covered financial institutions to implement certain
California Passes Suite of New Privacy Laws
California continues to be at the vanguard of privacy protection. On October 11, 2021 California’s Governor Newsom signed several bills addressing privacy and data security. These new laws go into effect January 1, 2022 and include:
- AB 335, which adds
HHS Clarifies Applicability of HIPAA Privacy Rule to COVID-19 Vaccination Status Requests
The U.S. Department of Health and Human Services (HHS) released guidance to address how the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule applies to various entities’ requests for information related to an individual’s COVID-19 vaccination status.
HHS emphasized