As reported last week, a state-sponsored hacker may have breached multiple U.S. government networks through a widely-used software product offered by SolarWinds. The compromised product, known as Orion, helps organizations manage their networks, servers, and networked devices. The hacker concealed
Proskauer on Privacy
Proskauer on Privacy, published by Proskauer Rose LLP, focuses on legal developments and issues related to privacy and data protection. The blog covers topics such as biometric data use, cybersecurity breaches, regulatory compliance, enforcement actions by agencies like the FTC and DOJ, and evolving privacy legislation at both state and federal levels. It addresses challenges faced by businesses in managing sensitive personal data, including third-party risk, data brokerage, and cross-border data access restrictions. The blog also discusses litigation trends, privacy implications of emerging technologies, and guidance on navigating complex privacy frameworks and enforcement landscapes.
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Regulatory Crackdown on Ransomware
In recent years, Ransomware has evolved from merely encrypting files/disabling networks in solicitation of ransom, to sophisticated attacks that often involve actual data access, theft and sometimes, the threat of publication. These sophisticated malware attacks frequently destroy backups and provide…
One More Year: Attorney General Issues Final Regulations as CA Legislature Delays Some Compliance Obligations
Qualifying businesses have another year to complying with certain, major provisions of the CCPA. The CCPA, or the California Consumer Privacy Act of 2018, is a California law that gives California consumers, defined broadly to encompass all California residents, certain…
One Cross-Border Mechanism Invalid, Another Upheld: Thoughts after the CJEU’s Schrems II Decision
By Ryan Blaney
On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield, ruling, among other things, that U.S. domestic law governing law enforcement…
CCPA: California Attorney General Releases Final Proposed Regulations
On June 1, 2020, the California Attorney General’s office released the third and final set of CCPA proposed regulations (available here). Below, we provide information about the final proposed regulations and enforcement actions.…
Cybersecurity: SEC and Other Regulators
In today’s world, cybersecurity breaches and threats are pervasive concerns for any business entity, without exception. Working from home arrangements due to COVID-19 constraints only magnify the risk and create further vulnerabilities for companies. Companies should be aware of (1)…
French DPA Issues Guidance Surrounding Practice of Web Scraping
Trends in Privacy and Data Security
Privacy and cybersecurity remain top priorities for regulators and companies alike, as the threats posed by large-scale data breaches and other cyber incidents show no signs of waning. Companies and their counsel must monitor privacy and data security-related enforcement trends,…
FTC Issues New Guidance on Artificial Intelligence Technology
In the largest piece to come out of the FTC’s new focus on emerging technologies, the FTC Bureau of Consumer Protection issued new guidance on the use of artificial intelligence (“AI”) and algorithms. The guidance follows up on a 2018…
HHS to Exercise Enforcement Discretion to Permit HIPAA Business Associates to Use and Disclose PHI to Public Health Authorities during the COVID-19 Health Crisis
By Ryan Blaney
On April 2, 2020, the Office for Civil Rights (OCR) at the U.S Department of Health and Human Services released a notification related to the discretion that OCR will exercise concerning HIPAA enforcement during the COVID-19 public health emergency. Effective…