Seeking to formalize its Sept. 15, 2021, Statement of the Commission on Breaches by Health Apps and Other Connected Devices, the Federal Trade Commission proposed broadening the Health Breach Notification Rule to cover “most health apps and similar technologies that
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En Banc 11th Circuit Joins Sister Circuits, Deeming One Text Message Enough for TCPA Standing
Once an outlier, the 11th U.S. Circuit Court of Appeals recently joined seven other Circuit Courts in holding that receipt of a single, unwanted text message constitutes the concrete injury required for standing in class actions filed under the Telephone
SEC Adopts Cybersecurity Risk Management, Strategy, Governance and Incident Disclosure Rules
On July 26, the U.S. Securities and Exchange Commission adopted new rules regarding public companies’ reporting of (i) cybersecurity incidents, (ii) policies and procedures for identifying and managing cybersecurity risks and (iii) management and board roles in implementing cybersecurity policies
DHS Issues Final Rule Regulating Federal Contractors’ Handling of Controlled Unclassified Information
On June 21, the U.S. Department of Homeland Security issued a long-anticipated cybersecurity final rule that revises an existing clause and adds two new clauses to the Homeland Security Acquisition Regulation related to contractors’ handling of controlled unclassified information.
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Analog Law with Digital Teeth: Litigation Under the Video Privacy Protection Act and Potential Liability for Businesses
Over the past year, website operators have experienced a proliferation of lawsuits under the Federal Video Privacy Protection Act (“VPPA”), a Reagan-era statute prohibiting the nonconsensual disclosure of an individual’s video tape rental history. Despite its nondigital origin, litigation under
Failing to Comply With the Slew of New Data Privacy Laws Can Be Costly to Companies
Iowa Joins Data Privacy Vanguard
On March 29, 2023, Iowa became the latest in a small but growing number of states to enact comprehensive data privacy legislation. Like its counterpart laws in California, Connecticut, Colorado, Utah and Virginia, Iowa’s data privacy law – formally titled
The Door Opens for Astronomical Damages Under BIPA
An Illinois Supreme Court ruling on February 17, 2023 opened the door to astronomical damages under the Illinois Biometric Information Privacy Act (“BIPA”). Enacted in 2008, BIPA provides for a private right of action against an entity that collects or
Do Your Insurance Policies Cover Cyberattacks From State-Sponsored Entities?
Cyberattacks on corporate networks are on the rise, and the ramifications from such attacks can be financially devastating. Recent benchmarking data shows that the number of material cyber breaches at large businesses increased by 20.5% from 2020 to 2021, with
Five Years It Is — Illinois Supreme Court Decides BIPA Statute of Limitations
The Supreme Court of Illinois relied on legislative intent, policy concerns and precedents to hold that all Biometric Information Privacy Act claims are subject to a five-year statute of limitations. Read on to learn more about the Tims v. Black Horse Carriers, Inc. opinion