Workplace Privacy, Data Management & Security Report

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Latest from Workplace Privacy, Data Management & Security Report

Workplace Privacy, Data Management & Security Report

Illinois Panel Issues Important Ruling on BIPA Statute of Limitations

By Jody Kahn Mason, Joseph J. Lazzarotti, Jason C. Gavejian & Maya Atrakchi

September 20, 2021

On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information Privacy Act (“BIPA”) in Tims v. Black Horse Carriers, Inc. The Tims decision marks the first appellate guidance regarding this issue. Although the BIPA is silent as to the applicable statute of limitations, the panel concluded that claims brought under section 15(a),…

Workplace Privacy, Data Management & Security Report

Baltimore Officially Bans Private Use of Facial Recognition Technology

By Joseph J. Lazzarotti, Jason C. Gavejian & Maya Atrakchi

September 9, 2021

Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became effective. The new ordinance prohibits the use of facial recognition technology by city residents, businesses, and most of the city government (excluding the city police department) until December 2022. Baltimore joins a growing list of localities regulating private use of facial recognition technology including Portland (Oregon), and New York …

Workplace Privacy, Data Management & Security Report

FBI/CISA Alert: Increased Likelihood of Ransomware Attacks Over Labor Day Weekend

By Joseph J. Lazzarotti, Jason C. Gavejian & Maya Atrakchi

September 3, 2021

Watch out! A spike in ransomware attacks may be headed our way over Labor Day weekend. Yesterday, the FBI jointly with the Cybersecurity and Infrastructure Security Agency (CISA) issued a warning to be on high alert for ransomware attacks this weekend, after recent targeted attacks over Mother’s Day, Memorial Day and Fourth of July weekends. “Cyber actors have conducted increasingly impactful attacks against U.S. entities on or around holiday weekends over the last several months.…

Workplace Privacy, Data Management & Security Report

Ohio Introduces CCPA-like Consumer Privacy Bill

By Delonie A. Plummer

August 30, 2021

Consumer privacy issues are as a hot as ever, and on the radar of the state and federal legislature alike. Following in the footsteps of California, and most recently Virginia and Colorado, Ohio introduced a comprehensive consumer privacy bill, the Ohio Personal Privacy Act (the “Act”). By introducing the Act, Ohio follows the growing nation-wide trend towards stronger state privacy laws related to consumer rights. Application The Act primarily applies to businesses in Ohio or…

Workplace Privacy, Data Management & Security Report

New York City Council Passes Restaurant-Food Delivery Service Data Sharing Bill

By Damon W. Silver & Gregory C. Brown Jr.

August 26, 2021

Restaurants in New York City will soon gain access to valuable information about their delivery customers. On July 29, 2021, the New York City Council approved a bill requiring third-party food delivery services (“FDS”), such as Uber Eats, DoorDash, and Grubhub, to share customer data – including names, phone numbers, delivery and mailing addresses, and purchase histories – with restaurants upon request. This data-sharing requirement does not extend to telephone orders. The bill requires an…

Workplace Privacy, Data Management & Security Report

The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues

By Joseph J. Lazzarotti

August 23, 2021

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Cities step up their efforts to combat the COVID-19 Delta variant. New York City, New Orleans, and San Francisco have all announced requirements for certain persons to produce evidence of COVID vaccination status in order to patronize or work indoors at certain establishments. Adding to an already complex patchwork of COVID-related regulation – screening, social distancing, contact tracing, paid-time off, record keeping, etc. – certain businesses will need to absorb another layer. But…

Workplace Privacy, Data Management & Security Report

Biden Administration Issues Memo Focused on Critical Infrastructure Cybersecurity

By Jeffrey M. Schlossberg

August 4, 2021

Following a series of major ransomware attacks, including against Colonial Pipeline, which provides the East Coast with 45 percent of its gasoline, jet fuel and diesel, President Biden issued a National Security Memorandum (“the Memorandum”) last week intent on improving cybersecurity for critical infrastructure systems. The Memorandum comes in follow up to the Biden Administration’s Executive Order issued immediately following the Colonial Pipeline Cyberattack back in May, entitled “Improving the Nation’s Cybersecurity” (EO). The EO…

Workplace Privacy, Data Management & Security Report

As Facial Recognition Technology Surges, Organizations Face Privacy and Cybersecurity Concerns, and Fraud

By Maya Atrakchi, Jason C. Gavejian & Joseph J. Lazzarotti

July 28, 2021

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Facial recognition technology has become increasingly popular in recent years in the employment and consumer space (e.g. employee access, passport check-in systems, payments on smartphones), and in particular during the COVID-19 pandemic. As the need arose to screen persons entering a facility for symptoms of the virus, including temperature, thermal cameras, kiosks, and other devices with embedded with facial recognition capabilities were put into use. However, many have objected to the use of this technology…

Workplace Privacy, Data Management & Security Report

Information Blocking and HIPAA’s Right to Access – Is Your Practice Compliant?

By Joseph J. Lazzarotti

July 26, 2021

Patient record requests can be a significant administrative burden for health care providers. An OCR enforcement initiative and a new federal law give providers more reason to get this process right. We summarize these rules here. Since the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule became effective in 2003, it generally required covered entities to provide patients timely access to their medical records. However, continued concerns over the level of…

Workplace Privacy, Data Management & Security Report

Connecticut Enacts Safe Harbor from Punitive Damages in Data Breach Cases

By Joseph J. Lazzarotti & Jason C. Gavejian

July 23, 2021

Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from assessing punitive damages in data breach litigation against a covered defendant that created, maintained, and complied with a cybersecurity program that meets certain requirements. Cyberattacks are on the rise – think Colonial Pipeline, Kaseya, JBS, and others…

Workplace Privacy, Data Management & Security Report

Blog Authors

Illinois Panel Issues Important Ruling on BIPA Statute of Limitations

Baltimore Officially Bans Private Use of Facial Recognition Technology

FBI/CISA Alert: Increased Likelihood of Ransomware Attacks Over Labor Day Weekend

Ohio Introduces CCPA-like Consumer Privacy Bill

New York City Council Passes Restaurant-Food Delivery Service Data Sharing Bill

The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues

Biden Administration Issues Memo Focused on Critical Infrastructure Cybersecurity

As Facial Recognition Technology Surges, Organizations Face Privacy and Cybersecurity Concerns, and Fraud

Information Blocking and HIPAA’s Right to Access – Is Your Practice Compliant?

Connecticut Enacts Safe Harbor from Punitive Damages in Data Breach Cases

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