Critical infrastructure companies should expect substantial new federal cybersecurity requirements based on the National Cybersecurity Strategy that President Biden announced on March 2, 2023. The Strategy includes enhanced requirements for critical infrastructure. Specifically, President Biden pivoted federal cybersecurity policy from
Perkins on Privacy
Perkins Coie Brings You the Latest on Privacy
Perkins on Privacy, published by Perkins Coie LLP, focuses on legal developments and issues related to privacy and data security. The blog covers topics such as regulatory compliance with laws like COPPA and BIPA, enforcement actions by agencies like the FTC, privacy litigation, data breach response, and evolving privacy regulations including state and federal frameworks. It also addresses emerging concerns around technology, including artificial intelligence, anonymous messaging apps, biometric data, and automated decision-making technologies. The blog provides insights into legislative changes, regulatory board activities, and practical guidance for businesses and legal professionals navigating privacy and cybersecurity challenges.
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Northern District of Illinois Clarifies Standards for Tower Dumps
The U.S. District Court for the Northern District of Illinois recently found that in order for cell tower warrants to be supported by probable cause and satisfy Fourth Amendment concerns, they must include protocols limiting the government’s collection of information…
FERC Establishes New Monitoring Requirements for Bulk Electric Systems
The Federal Energy Regulatory Commission has published a final rule calling for the North American Electric Reliability Corporation to develop standards for internal network cybersecurity monitoring. This rule will be required for all high-impact bulk electric systems and medium-impact bulk…
FTC’s Second Settlement in Weeks Highlights Scrutiny on Businesses Processing Health Data for Advertising
The Federal Trade Commission on March 2, 2023, announced a proposed complaint and proposed consent order with BetterHelp, Inc., an online counseling platform that allegedly disclosed consumer health data to third-party advertising platforms. The settlement requires payment of $7.8 million…
The Biden Administration’s National Cybersecurity Strategy: Impact on the Private Sector
The Biden Administration released its National Cybersecurity Strategy on March 1. The Strategy breaks with past precedent and emphasizes regulatory mandates and imposing liability, in addition to enhancing voluntary information sharing and development of best practices. The Strategy will particularly…
Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure
The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act and created potentially massive and catastrophic exposure for Illinois businesses. In a close 4-3 ruling, the landmark decision in Latrina Cothron v. White…
How AI and Automated Systems Use Can Lead to Discrimination in Hiring
Artificial Intelligence (AI) and automated systems can increase efficiency and help reduce human error. However, the National Institute of Standards and Technology (NIST), the White House, and the Equal Employment Opportunity Commission (EEOC) are warning companies that uncritical reliance on…
New TSA Rail Cybersecurity Rule Shows Trend Toward Prescriptive Mandates
The Transportation Security Administration issued a new cybersecurity directive to enhance cybersecurity preparedness and resilience for designated passenger and freight railroads. The requirements focus on performance-based measures to achieve critical cybersecurity outcomes in light of the growing sophistication of evolving…
FTC Claims Sharing User Health Data With Advertising Platforms Is a “Security Breach”
For the first time, the Federal Trade Commission has brought an enforcement action under its 2009 Health Breach Notification Rule (HBNR). The case was brought against a digital health company, GoodRx Holdings, Inc., for sharing users’ health information with third-party…