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Virginia Becomes 2nd State to Enact a Comprehensive Consumer Privacy Law

On Tuesday, March 2nd, Virginia Governor Ralph Northam signed into law the Consumer Data Protection Act (CDPA), officially joining California as the second state with a comprehensive consumer privacy law, intended to enhance privacy rights and consumer protection for state residents.  We provide an in-depth analysis of the CDPA here, along with legislative activity in...… Continue Reading
March 3, 2021

FDA Names First Acting Director of Medical Device Cybersecurity

The U.S. Food and Drug Administration (FDA) named University of Michigan Associate Professor Kevin Fu Acting Director of Medical Device Security in its Center for Devices and Radiological Health. This is a newly created 12-month post in which Fu will “work to bridge the gap between medicine and computer science and help manufacturers protect medical...… Continue Reading
February 24, 2021

Maryland Joins New York with a BIPA-like Biometric Privacy Bill

On January 13, House Delegate Sara Love Introduced the “Biometric Identifiers and Biometric Information Privacy Act” (the “Act”) substantially modeled after the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (the “BIPA”). Enacted in 2008, the Illinois BIPA only recently triggered an avalanche of class actions in Illinois, spurring other legislative activity, including...… Continue Reading
February 21, 2021

Comprehensive State Privacy Laws On the Move, How Should Organizations Evaluate Them?

Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy Professionals (IAPP) observed, “State-Level momentum for comprehensive privacy bills is at an all-time high.” The IAPP maintains a map of state consumer privacy legislative activity, with in-depth analysis comparing key provisions....… Continue Reading
February 18, 2021

CPRA Series: Redux on Data Security Requirements and Private Right of Action

The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal information. The CPRA also clarified the CCPA’s private right of action for consumers whose personal information is breached due to a failure to implement...… Continue Reading
February 15, 2021

CPRA Series: Does the California Privacy Rights Act (CPRA) Apply to Your Business?

When California voters approved Proposition 24, the California Privacy Rights Act (CPRA), on November 3, 2020, the result was to substantially amend the California Consumer Privacy Act (CCPA) which became effective only 10 months earlier. We outlined the basic rules for determining when the CCPA applies, and summarize here the changes made by the CPRA....… Continue Reading
February 15, 2021

A Reminder for Employers About W-2 Phishing Scams

For the past several years, thousands of businesses have been hit with phishing scams during tax season. Through these social engineering scams, hackers obtain employee Forms W-2 for filing fraudulent tax returns seeking large refunds. These phishing emails are typically sent as clients begin the process of issuing W-2s to employees.  Often employers do not...… Continue Reading
February 10, 2021

More Movement towards Digital COVID Vaccination Records

A key tech initiative as COVID-19 vaccinations begin rolling out are digital health passports. One example is being developed by a group of large tech companies along with the Mayo Clinic as part of the Vaccination Credential Initiative. The Initiative’s digital vaccination record will likely be a smartphone app. The Initiative is leveraging the CommonPass...… Continue Reading
February 9, 2021

You Have Heard of the BIPA, But What About the GIPA?

Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the collection, use, storage, and disclosure of biometric information. Seeing thousands of class action lawsuits, organizations have reevaluated...… Continue Reading
February 8, 2021

Court Denies Motion for Class Certification in Employee W-2 Data Breach Litigation

In recent years, there has been an uptick of W-2 phishing scams, and their consequences for an employer extend well beyond leaked data, including potential employee class action litigation.   Just last week, a federal court in Illinois rejected a motion for class certification in a data breach case alleging disclosure of employees’ sensitive tax information...… Continue Reading
February 2, 2021

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