As we think about what 2022 may hold with regard to privacy and data security regulation by the Federal Trade Commission (FTC), we should first look back at some of the developments from last year that set the stage for
Security, Privacy and the Law
Legal Perspectives on the Expanding Universe of Information Security & Privacy Issues.
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Cybersecurity 2022 – The Year in Preview: Continued Threats to Nation’s Energy Supply as Regulators Race to Keep Up
By Cloe Pippin
Continued Threats of Ransomware Attacks
As we reported in our 2021 Year in Preview series, we began 2021 anticipating that ransomware would be a serious threat to critical energy infrastructure. These concerns were realized in May 2021 when the Colonial…
CISA on Russia, Ukraine and Ransomware
By Colin Zick
According to the U.S. Cybersecurity and Infrastructure Security Agency (“CISA“), the potential hostilities between Russia and Ukraine are likely to spill over into cyber warfare. In this month’s CISA Insights:
Every organization in the United States is…
NYC Employers Face New Restrictions on Use of Artificial Intelligence in Hiring
As technological advances have given employers artificial intelligence (AI) based tools to assist them in the hiring process, New York City has taken note. Recently, New York City adopted a new measure restricting the use of artificial intelligence (AI) in…
Requiring Robust Security for Financial Institutions, FTC Finalizes Amendments to Safeguards Rules
The Federal Trade Commission has finalized amendments to the Standards for Safeguarding Customer Information (“Safeguards Rule”), specific to defined financial institutions, designed to strengthen security for consumer financial information following a recent uptick in data breaches.
The amendments contain four…
Biden Administration Focus on Cybercrime Continues with Israeli Companies Added to Entity List, New Export Controls, and Cryptocurrency Sanctions
On November 3, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) added two Israeli entities to the Entity List due to malicious cyber activities. In its press release, BIS stated that the designation of Israeli…
DOJ Announces New Cyber-Fraud Initiative Promoting False Claims Act Enforcement Against Contractors and Grantees Failing to Follow Cybersecurity Standards
As we anticipated last spring, the Department of Justice (DOJ) has signaled that it will utilize civil enforcement of the False Claims Act (FCA) to address new and emerging cybersecurity threats. On October 6, 2021, Deputy Attorney General Lisa Monaco…
HHS OCR Issues Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace
By Colin Zick
On September 30, 2021, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) issued guidance to help the public understand when the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule applies to…
Can You Still Protect Digital Forensic Reports From Discovery? It’s Getting Harder.
A data security incident will always require a technical response, and usually that technical response will come from outside experts. Those experts are hired to investigate and remediate an incident. Since data incidents can lead to government investigations and litigation,…
Colorado Becomes that Latest State to Adopt a New Data Privacy Law
By Colin Zick
On July 7, 2021, Governor Jared Polis signed into law the Colorado Privacy Act (CPA), making Colorado the most recent state to enact comprehensive privacy legislation. While the CPA does not take effect until July 1, 2023, it contains robust…