Category: Privacy

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Illinois Court of Appeals: Statute of Limitations for Most Biometric Privacy Claims Remains at Five Years

By Jacob Goldberg, Maggie Dalton and Hunter Ferguson on Posted in Law/Regulation Update, Privacy
In Illinois, the Biometric Information Privacy Act (“BIPA”) regulates the collection and use of “biometric information” such as fingerprints, facial images, and voice records.  It imposes significant penalties and has generated a cottage industry of class action litigation—hundreds of cases have been filed and millions of dollars in liability have been assessed.  It is also … Continue Reading

Portland’s New Facial Recognition Ban Increases Litigation Risk, Creates Uncertainty

By Maggie Dalton, Jacob Goldberg and Hunter Ferguson on Posted in Privacy, Security, Software
Is your business using or thinking of using facial recognition technology for activities in Portland, Oregon? Think again. That’s the message to businesses operating in Portland in a new ordinance that broadly bans the use of facial recognition technology in the city, subject to certain exceptions. The ordinance, which took effect January 1, 2021, restricts … Continue Reading

Digital Transformation – Cybersecurity Lessons from Recent Lawsuits

By Romaine Marshall, Jon Washburn and Jose Abarca on Posted in Cyber Attack, Privacy, Security
Digital transformation,[1] the process of leveraging technology, people and processes to innovate, requires an “all-in, ongoing commitment to improvement.”[2] But the main drivers of digital transformation – data and profits – don’t always mesh seamlessly. As shown by recent class actions filed against Blackbaud and Morgan Stanley, and a settlement with the New York Attorney General … Continue Reading

Coast to Coast and Back Again – Cybersecurity and Data Privacy Rules

By Romaine Marshall, Jose Abarca and Jon Washburn on Posted in Privacy, Security
March 2020 will long be remembered as the month and year of en masse shutdowns.  But the pandemic has done little if anything to slow new cybersecurity and data privacy laws.  As highlighted below, regulations for one have been submitted (CA), another has gone into effect (NY), and yet another has been proposed (CA). California … Continue Reading

Soon, All Ransomware Attacks May Be Data Breaches

By Jon Washburn and Romaine Marshall on Posted in Cyber Attack, Cyber Crime, Data Breach, Privacy, Security
As this recent article illustrates, many ransomware operators are now collecting information from victims before encrypting their data, and then threatening to release what they’ve collected – or actually releasing some of it – to increase the chance they’ll get paid. There have been many cases already where at least a portion of data has … Continue Reading

Family Educational Rights and Privacy Act in the Age of COVID-19

By Hunter Ferguson on Posted in Announcements, FERPA, Privacy
The U.S. Department of Education released some FAQs related to the Family Educational Rights and Privacy Act (FERPA) and corona virus. The Department’s Student Privacy Policy Office prepared the FAQs to assist officials in educational agencies and institutions such as school districts, schools, colleges and universities in managing public health issues related to COVID-19 while … Continue Reading

Utah Considers a Cybersecurity Safe Harbor as Ransomware Runs Riot

By Romaine Marshall on Posted in Cyber Crime, ePrivacy, Law/Regulation Update, Privacy, Security
Last year the FTC mandated what an organization’s written cybersecurity program should include to avoid being deemed “unfair and deceptive” to consumers,[1] and this year California consumers whose personal information is compromised may file lawsuits against organizations that failed to implement “reasonable security.”[2] But several states provide legal safe harbors to organizations with written cybersecurity programs. … Continue Reading

NIST Releases a Standard for Privacy

By Romaine Marshall on Posted in ePrivacy, Privacy, Security
As states fill the legal void for consumer privacy rights,[1] a new federal standard has emerged to assist companies with their compliance efforts. The National Institute of Standards and Technology (“NIST”) Privacy Framework (“PF”) was released last month to help organizations manage the risks associated with their data processing activities. What the PF Does The … Continue Reading

CCPA Is Here – Is Your Security “Reasonable”?

By Romaine Marshall on Posted in ePrivacy, Privacy, Security, Uncategorized
Under the California Consumer Privacy Act, any California consumer whose personal information is compromised “as a result of the business’ violation of the duty to implement and maintain reasonable security procedures and practices … may institute a civil action.”[1] Consumers can initiate this private right of action right now, whereas other consumer rights can only … Continue Reading

CCPA is Here – Are Your Agreements Ready?

By Romaine Marshall on Posted in ePrivacy, Privacy, Security
On January 1, 2020, if your company sells goods or services to California consumers and meets certain criteria,[1] the agreements you have with companies that handle personal information on your behalf should be analyzed and, if necessary, updated just as your privacy notices should be updated.[2] Examples of companies that handle personal information on a … Continue Reading

CCPA is Here – Is Your Privacy Notice Ready?

By Romaine Marshall on Posted in ePrivacy, Privacy, Security
Last year towards the end of May, a barrage of emails and pop-ups informed online users about how companies use cookies – small bits of software that track website activity – in accordance with a requirement under the European Union’s General Data Protection Regulation. On January 1, 2020, many companies will inform consumers about updates … Continue Reading

Cyber Risk Update for Construction Companies

By Tamara Boeck and Jon Washburn on Posted in Cyber Attack, Cyber Crime, Data Breach, Fraud, Privacy
Scammers are always seeking new ways to target victims for Business Email Compromise (BEC) scams, where they leverage email to try to convince you to give them credentials, send them confidential information like W2s, send them money by changing things like direct deposit instructions, or give any other data that can help them profit from … Continue Reading

Achieving Industry Standards

By Romaine Marshall on Posted in Cyber Attack, Cyber Crime, Data Breach, Privacy, Security
For Cybersecurity and Privacy, “What Are the Industry Standards? Are We Meeting Them?” These are questions the FTC Chairman, Joseph Simons, strongly suggested a CEO must ask before a data breach occurs to avoid the prospect of personal liability. These questions and statements by other commissioners emphasizing the FTC’s role – to bring about a … Continue Reading

Is your organization ready for global privacy regulations?

By Jon Washburn on Posted in ePrivacy, Privacy
The Internet Society’s Online Trust Alliance (OTA) released a report this week that measured 1200 U.S.-based organizations’ readiness for three major global privacy regulations: the General Data Protection Regulation (GDPR) in the European Union,  the California Consumer Privacy Act (CCPA) in the United States that goes into effect January 1, 2020, and the Personal Information … Continue Reading

Recent FTC Enforcement Actions

By Romaine Marshall on Posted in Privacy
What the FTC Wants, the FTC (Mostly) Gets In recent weeks the Federal Trade Commission has been on a tear. As one example, on July 22 it announced a $700 million settlement with Equifax for “the 2017 data breach that jeopardized the personal data of a staggering 147 million people.” But it is a decision … Continue Reading

CCPA is Coming – Is Your Business Prepared For The Data Requests & Lawsuits?

By Hunter Ferguson on Posted in Law/Regulation Update, Privacy
Does your business collect personal information from residents in California? Does it monitor user activity on its website? If so, there is a good chance it will need to comply with the California Consumer Privacy Act (“CCPA”), which takes effect January 1, 2020. Following the European Union’s implementation of GDPR, California adopted the CCPA, which … Continue Reading

The Senate Commerce Committee held a second hearing on consumer data privacy, this time with privacy advocates

By Jon Washburn on Posted in ePrivacy, Events, Privacy
This past Wednesday, the Senate Commerce Committee held another hearing on consumer data privacy, this time giving voice to prominent privacy advocates. Previous testimony in September from leading technology businesses focused on concerns with the complexity of having to comply with a patchwork of different state privacy regulations, broad definitions of “personal information” in the … Continue Reading
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