Workplace Privacy, Data Management & Security Report

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

The California Senate Appropriations Committee recently blocked a bill that would expand a private right of action under the California Consumer Privacy Act (CCPA). As we reported, in late February, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the CCPA. Then in April, the Senate Judiciary Committee referred the bill to the Senate Appropriations Committee by a vote of 6-2. If SB 561…
No industry or sector is immune to privacy or security issues.  This week a jury in a district court in Pennsylvania awarded $1,000 to each of the 68,000 class members who claimed that Bucks County, a county just outside Philadelphia, and several other municipal entities, violated state law by making their criminal records public, in Taha v Bucks County. Bucks County potentially faces up to $68 million in damages. This case arises from claims…
The GDPR is wrapping up its first year and moving full steam ahead. This principles-based regulation has had a global impact on organizations as well as individuals. While there continue to be many questions about its application and scope, anticipated European Data Protection Board guidance and Data Protection Authority enforcement activity should provide further clarity in the upcoming year. In the meantime, here are a few frequently asked questions – some reminders of key principles…
Many health care providers, including small and medium-sized physician practices, rely on a number of third party service providers to serve their patients and run their businesses. Perhaps the most important of these is a practice’s electronic medical record (EMR) provider, which manages and stores patient protected health information. EMR providers generally are business associates under HIPAA, subjecting them to many of the same requirements under the HIPAA privacy and security rules applicable to covered…
A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a competitor did not violate the Computer Fraud and Abuse Act (CFAA). The CFAA expressly prohibits “intentionally accessing a computer without authorization or exceeding authorized access, and thereby obtaining… information from any protected computer”. The two former employees in question worked for Wachter Inc.,…
On May 10, Governor Phil Murphy signed into law P.L.2019, c.95. an amendment enhancing New Jersey’s data breach notification law by expanding the definition of personal information, and updating notification requirements. As we previously reported, the amendment was unanimously approved by the New Jersey General Assembly and Senate in late February. New Jersey’s data breach notification law requires businesses to notify consumers of a breach of their personal information. Previously the law defined personal information…
California keeps making privacy headlines for its trailblazing California Consumer Privacy Act (“CCPA”), set to take effect January 1, 2020, but there is another set of privacy bills making its way through the California state legislature, that, if passed, will provide consumers with further privacy protections. The “Your Data Your Way” initiative, comprised of four legislative bills and a non-binding resolution, is a privacy plan introduced by several Republican Assembly members in January on National
A security lapse has exposed the data of at least 13.7 million user records of the high-end job recruitment site, Ladders. The company left a cloud-hosted search database exposed without a password. Ladders took the database offline less than an hour after the news website TechCrunch alerted the company after learning about the potential breach from a security researcher, Sanyam Jain. Each record included names, email addresses, addresses, phone numbers, their employment histories and even…
Texans like the adage “Everything is Bigger in Texas”. So, as the Lone Star State follows its counterparts and the federal government in discussing broad sweeping privacy protections, legislators introduced two (competing) privacy bills this session: the Texas Consumer Privacy Act and the Texas Privacy Protection Act. Readers should note that the 2019 Texas Legislative Session is set to end on May 27, 2019, although a special session may be called to address items…