Workplace Privacy, Data Management & Security Report

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

When the Telephone Consumer Protection Act (TCPA) was enacted in 1991, most American consumers were using landline phones, and Congress could not begin to contemplate the evolution of the mobile phone. The TCPA defines Automatic Telephone Dialing System” (ATDS) as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers.” 47 U.S.C § 227(a)(1).  In 2015, the Federal…
Yesterday, California Attorney General Xavier Becerra and Assemblymember Marc Levine (D-San Rafael)announced Assembly Bill 1130 which is intended to strengthen California’s existing data breach notification law. In short, AB 1130 would amend the existing law to include passport numbers and biometric information (e.g., fingerprint and retina scan data) in the definition of personal information, so that, if breached under the law, notification to consumers would be required. Currently, similar to most breach notification laws in other…
In honor of Data Privacy Day (Data Protection Day in Europe), the European Commission (“the Commission”) released a statement on the status of the EU’s General Data Protection Regulation (“GDPR”) which took effect on May 25, 2018. The joint statement by the Commission’s First Vice-President Timmermans, Vice-President Ansip, Commissioners Jourová and Gabriel stressed the importance of the GDPR in light of recent large-scale data breaches, and the positive effect the law has had in raising…
The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to 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…
All companies in this day and age must devote some attention to cybersecurity risks. Regardless of industry, almost every entity maintains some form of personally identifiable information that requires protection (e.g., credit card information, Social Security numbers, bank account information, etc.). However, the medical device industry has additional concerns – it must make sure that its Internet or WiFi connected devices do not provide potential for cybersecurity risks because failure to address cybersecurity vulnerabilities can…
Co-Author: Gabrielle Bruno Government agencies, businesses, hospitals and universities are the frequent targets of staggering data breaches that can affect millions of individuals. But K-12 schools are also at risk for cyber attacks as they rely more on technology for day-to-day operations and typically maintain a wealth of sensitive information about their students, teachers, administrators and other staff. News reports of cyber attacks on schools surface regularly. A phishing attack on San Diego Unified School
Happy Data Privacy Day from the Jackson Lewis Privacy, Data and Cybersecurity Team! In Honor of National Privacy Day, we are focused on what is sure to be one of the hottest issues of 2019 and present our FAQs for employers on the California Consumer Privacy Act (CCPA). As you know, data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure…
Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an “aggrieved” person and be entitled to seek liquidated damages, attorneys’ fees and costs, and injunctive relief under the Act.  Potential damages are substantial as the…
Recently, Business Roundtable, an association for over 200 CEOs of America’s largest companies, released a detailed framework for a national consumer data privacy law that would provide uniformity in an area currently governed by an amalgam of state statutes and regulations. Business Roundtable is hopeful that it has the ear of the Administration and the Legislature to see progress on this effort in the 2019 Session. The CEOs leading this effort come from a…
Observers of the recent changes in the Massachusetts data breach notification law likely will focus on the addition of the obligation to provide 18 months of credit monitoring following a breach involving Social Security numbers (42 months, if the breached entity is a consumer reporting agency). This certainly is a significant change, making Massachusetts only the fourth state to have enacted a similar mandate (See also, California, Connecticut, and Delaware). However, other changes are perhaps…