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DOJ Announces Cybersecurity Enforcement Initiative Targeting Federal Contractors

Last week, the Department of Justice (“DOJ”) announced the launch of its Civil Cyber-Fraud Initiative (“the Initiative”) aimed at combating “new and emerging cyber threats to the security of sensitive information and critical systems” specifically targeting accountability of cybersecurity obligations for federal contractors and federal grant recipients, by way of the False Claims Act.  The...
October 18, 2021

California Expands Privacy and Security Requirements for Genetic Data

With health-related data and how to protect it at the forefront of discussion since the start of the COVID-19 pandemic, this week California Governor Gavin Newsom signed into law two bills related to genetic data.  First, AB 825, will expand the definition of personal information to include genetic data, for data breach notification requirements for...
October 8, 2021

Health App Alert: FTC Expands Scope Health Breach Notification Rule

The Federal Trade Commission (“FTC”) recently issued an important policy statement to health apps and other connected devices that collect or use consumers’ health information.  The FTC’s policy statement effectively clarified the position that health apps and related connected devices are subject to the Health Breach Notification Rule (“the Rule”), which requires vendors of personal...
October 5, 2021

OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace

When use or disclosure of an individual’s health information or medical records is at issue, the assumption seems to be, much more often than not, that the HIPAA privacy and security rules apply. This has certainly been the case during the COVID-19 pandemic. Of course, it is true that in most healthcare settings, HIPAA is...
September 30, 2021

Illinois Panel Issues Important Ruling on BIPA Statute of Limitations

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...
September 20, 2021

Baltimore Officially Bans Private Use of Facial Recognition Technology

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...
September 9, 2021

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

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....
September 3, 2021

Ohio Introduces CCPA-like Consumer Privacy Bill

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...
August 30, 2021

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

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...
August 26, 2021

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

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...… Continue Reading
August 23, 2021

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