Workplace Privacy, Data Management & Security Report

Latest from Workplace Privacy, Data Management & Security Report - Page 2

As with prior hurricanes, Florence is a reminder to all organizations of the importance of disaster recovery planning. When a storm approaches, a business’s first concern is protecting its employees/customers, and then its physical property. However, we shouldn’t forget that a natural disaster can also destroy information and technology assets critical to its success and continuity. Key steps to prepare and respond to a natural disaster can help minimize the blow. There are many aspects to…
A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Standing to sue in a data breach class action suit, largely turns on whether plaintiffs establish that they have suffered an “injury-in-fact” resulting from the data breach. Plaintiffs in data breach class actions are often not able to demonstrate that they have suffered financial or other actual damages…
On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on cell tower “pings.” (“Pings” are more formally referred to as cell-site location information or “CLSI.”) As explained in more detail below, the issue at the center of the controversy in the Carpenter case was whether an individual’s personal location…
Cybersecurity incidents are on the rise, and so too is data breach litigation brought by plaintiffs who allege they were harmed by the unauthorized exposure of their personal information. Federal circuits across the United States are grappling with the issue of what satisfies the Article III standing requirement in data breach litigation, when often only a “risk of future harm” exists. The United States Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) is…
As we reported earlier this week, California legislature Democrats reached a tentative agreement with a group of consumer privacy activists spearheading a ballot initiative for heightened consumer privacy protections, in which the activists would withdraw the existing ballot initiative in exchange for the California legislature passing, and Governor Jerry Brown signing into law, a similar piece of legislation, with some concessions, by June 28th, the final deadline to withdraw ballot initiatives. And as agreed upon, yesterday,…
For the second consecutive year Virginia has amended its data breach notification law. In March 2017, in light of a warning issued by the IRS to all employers regarding the resurgence of a W-2 based cyber scam, Virginia Governor Terry McAuliffe approved, a first of its kind, amendment to Virginia’s data breach notification statute. The amendment required employers and payroll service providers to notify the Virginia Office of the Attorney General of “unauthorized access and…
On June 21st, California legislature Democrats reached a tentative agreement with a group of consumer privacy activists spearheading a ballot initiative for heightened consumer privacy protections, in which the activists would withdraw the the existing ballot initiative in exchange for the California legislature passing, and Governor Jerry Brown signing into law, a similar piece of legislation, with some concessions, by June 28th, the final deadline to withdraw ballot initiatives.  If enacted, the Act would take…
In a significant ruling that calls into question the Federal Trade Commission’s (“FTC”) authority to regulate a private company’s data security program, a federal appellate court of appeals ruled that the agency’s cease and desist order directing implementation of a data security program should be vacated as unenforceable. LabMD, Inc. v. Federal Trade Commission, No. 16-16270 (11th Cir. June 6, 2018). In 2005, a billing manager of LabMD installed a peer-to-peer file sharing system…
According to reports on a recent survey, the vast majority of healthcare workers share sensitive medical information using non-secure email. The survey, conducted by Kickstand Communications, reportedly found that 87% of healthcare workers surveyed admitted to this practice. These results echo other reports finding that employees and others with access to an organization’s confidential information may pose the greatest risk to data security. As reported by HealthITSecurity.com, key findings from the survey include: Healthcare…
The U.S. Supreme Court recently granted a petition for review of a data breach lawsuit addressing the issue of whether parties can pursue a class arbitration when the language in the arbitration agreement does not explicitly allow for such, Lamps Plus, Inc. v. Varela , No. 17-988, certiorari granted April 30, 2018. The Court will have the opportunity to clarify its 2010 decision in Stolt-Nielsen v. AnimalFeeds International Corp., 559 U.S. 662 (2010) in…