Joseph J. LazzarottiBlog Posts
DHS IG Report Raises Questions About Department’s and its Subcontractors’ Ability to Protect Biometric Information Following BreachEarlier this month, our Immigration Group colleagues reported the Department of Homeland Security (DHS) would release a new regulation to expand the collection of biometric data in the enforcement and administration of immigration laws. However, as reported by Roll Call, a DHS Inspector General report raised significant concerns about whether Department is able to adequately...… Continue ReadingSeptember 29, 2020 |
Indiana AG Proposed Regulations Creating Corrective Action Plan Requirement and Cybersecurity Safe HarborA proposal by Indiana’s Attorney General Curtis Hill on Wednesday would add a significant step in the incident response process for responding to breaches of security affecting Indiana residents. On Wednesday, during a U.S. Chamber of Commerce virtual event, he announced his proposed rule designed to better protect Hoosiers from cyberattacks. It is expected that...… Continue ReadingSeptember 25, 2020 |
OCR is Serious About Patients’ Rights to Access Records, Announcing Enforcement Actions Against 5 ProvidersWhen providers, health plans, business associates, and even patients and plan participants think of the HIPAA privacy and security rules (‘HIPAA Rules”), they seem to be more focused on the privacy and security aspects of the HIPAA Rules. That is, for example, safeguarding an individual’s protected health information (PHI) to avoid data breaches or avoiding...… Continue ReadingSeptember 16, 2020 |
Michigan Considers Enhanced Data Breach Notification LawPrivacy and security continue to be at the forefront for legislatures across the nation, despite (or perhaps because of) the COVID-19 pandemic. In late May, with back-to-back amendments, Washington D.C. and Vermont significantly overhauled their data breach notification laws, including expansion of the definition of personal information, and heightened notice requirements. Now, Michigan may follow...… Continue ReadingSeptember 14, 2020 |
City of Portland Bans Private Entities From Using Facial Recognition TechnologiesThe City of Portland, Oregon becomes the first city in the United States to ban the use of facial recognition technologies in the private sector citing, among other things, a lack of standards for the technology and wide ranges in accuracy and error rates that differ by race and gender. Failure to comply can be... Continue Reading…September 10, 2020 |
California Assembly Passes CCPA Amendment: Employee Personal Information Exemption ExtensionThe California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s effective date. Read the full article on... Continue ReadingSeptember 10, 2020 |
City of Portland Bans Private Entities From Using Facial Recognition TechnologiesThe City of Portland, Oregon becomes the first city in the United States to ban the use of facial recognition technologies in the private sector citing, among other things, a lack of standards for the technology and wide ranges in accuracy and error rates that differ by race and gender. Failure to comply can be...… Continue ReadingSeptember 10, 2020 |
California Assembly Passes CCPA Amendment: Employee Personal Information Exemption ExtensionThe California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s effective date. In its current...… Continue ReadingSeptember 10, 2020 |
More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, and TeleworkSince March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the Americans with Disabilities Act (ADA), as well as issues under Title VII of the Civil Rights Act... Continue Reading…September 9, 2020 |
More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, and TeleworkSince March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related inquiries, confidentiality, hiring, and reasonable accommodations under the Americans with Disabilities Act (ADA), as well as issues under Title VII of the Civil Rights Act...… Continue ReadingSeptember 9, 2020 |