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Damon W. SilverBlog Posts

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  • $600,000 Reasons To Review Your SHIELD Act Compliance Program: NY Attorney General Announces Significant Settlement Stemming From Email Data Breach

    On January 24, 2022, New York Attorney General Letitia James announced a $600,000 settlement agreement with EyeMed Vision Care, a vision benefits company, stemming from a 2020 data breach compromising the personal information of approximately 2.1 million individuals across the United States, including nearly 99,000 in New York State (the “Incident”). This settlement was the...
    February 16, 2022
  • California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses

    The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a consumer’s personal information and provides consumers new and expansive rights with respect to their personal information. Less than one...
    January 19, 2022
  • NYC Places Groundbreaking Restrictions on AI Use in Hiring Practices

    In a groundbreaking move, likely to have significant impact on employee hiring and HR tech, the New York City Council has passed a measure (“the NYC measure”) that bans the use of automated decision-making tools to (1) screen job candidates for employment, or (2) evaluate current employees for promotion, unless the tool has been subject...
    December 20, 2021
  • Employee Monitoring: New York Establishes New Requirements for Employers

    Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their activities in the workplace.  Civil Rights (CVR) Chapter 6, Article 5, Section 52-C*2 will take effect six months after enactment,...
    November 19, 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
  • NY Attorney General Announces Settlement After Website Data Breach

    In late May, New York Attorney General Letitia James announced a $200,000 settlement agreement with Filters Fast, an online water filtration retailer, stemming from a 2019 data breach compromising the personal information of over 300,000 consumers across the U.S., including nearly 17,000 in New York state.  The settlement also requires the online retailer to strengthen...… Continue Reading
    June 8, 2021
  • Is New York Next? A Comprehensive Consumer Privacy Bill Reintroduced

    On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer Privacy Act (“CCPA”), California Privacy Rights Act (“CPRA”), and Virginia’s Consumer Data Protection Act (“CDPA”).  The NYPA had been introduced in a previous...… Continue Reading
    May 26, 2021
  • NYC Council Passes Data Privacy Bill That Would Impose Rigorous Requirements On Owners of “Smart Access” Buildings

    As we noted in our last post, there has been a flurry of data privacy and security activity in New York, with the State appearing poised to join California as a leader in this space.  Most recently, on April 29, 2021, the New York City Council passed the Tenant Data Privacy Act (“TDPA”), which would...… Continue Reading
    May 12, 2021
  • NYC Creates BIPA-Like Requirements for Retail, Hospitality Businesses Concerning Biometric Information Collected From Customers

    By Damon Silver and Melissa Pascualini Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities.  These businesses will also be barred from selling, leasing, trading, sharing or otherwise profiting from the biometric identifier...… Continue Reading
    May 12, 2021
  • 5 Key Data Privacy and Security Risks That Arise When Organizations Record Job Interviews & Strategies for Mitigating Them

    COVID-19 drove many formerly in-person interactions onto a variety of video conferencing platforms.  But as millions of vaccinations are administered each day, and case numbers decline, it’s now possible to imagine and plan for the time when conducting business over video will no longer be mandatory. For many organizations, though, COVID-19 has led to an...… Continue Reading
    April 13, 2021

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