In late March 2025, the Florida Bar Board of Governors unanimously endorsed the recommendation of its Special Committee on Cybersecurity and Privacy Law that law firms should adopt written incident response plans (IRPs) to...more
On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health...more
3/24/2025
/ Business Associates ,
Compliance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Risk Management
In February, a coalition of healthcare organizations sent a letter to President Donald J. Trump and the U.S. Department of Health and Human Services (HHS) (the Letter), urging the immediate rescission of a proposed update to...more
According to one survey, Florida is fourth on the list of states with the most reported data breaches. No doubt, data breaches continue to be a significant risk for all business, large and small, across the U.S., including...more
Businesses that track the geolocation of individuals—whether for fleet management, sales and promotion, logistics, risk mitigation, or other reasons—should closely monitor the progress of California Assembly Bill 1355 (AB...more
In an era where consumers are increasingly concerned about ethical sourcing and labor practices, the California Transparency in Supply Chains Act (CTSCA) stands as a significant piece of legislation. Enacted in 2010, the...more
As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more
1/29/2025
/ Americans with Disabilities Act (ADA) ,
Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Cybersecurity ,
Dashcams ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Labor (DOL) ,
Employee Monitoring ,
Employee Privacy Rights ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Third-Party Service Provider ,
Wearable Technology
Insider threats continue to present a significant challenge for organizations of all sizes. One particularly concerning scenario involves employees who leave an organization and impermissibly take or download sensitive...more
1/21/2025
/ Confidential Information ,
Confidentiality Agreements ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Former Employee ,
Intellectual Property Protection ,
Personal Data ,
Personal Information ,
Restrictive Covenants ,
Risk Management ,
Sensitive Business Information ,
Trade Secrets ,
UTSA
If you are looking for a high-level summary of California laws regulating artificial intelligence (AI), check out the two legal advisories issued by California Attorney General Rob Bonta. The first advisory is directed at...more
1/17/2025
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
California ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
CMIA ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws
This month, the New Jersey Attorney General’s office (NJAG) added to nationwide efforts to regulate, or at least clarify the application of existing law, in this case the NJ Law Against Discrimination, N.J.S.A. § 10:5-1 et...more
1/13/2025
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Compliance ,
Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Housing Discrimination ,
New Jersey ,
NJLAD ,
State Attorneys General ,
Title VII
A massive data breach hit one of the country’s largest education software providers. According to EducationWeek, PowerSchool provides school software products to more than 16,000 customers, largely K-12 schools, that serve 50...more
1/13/2025
/ Compliance ,
Credit Monitoring ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Identity Theft ,
Incident Response Plans ,
Information Technology ,
Personal Information ,
Personally Identifiable Information ,
Privacy Laws ,
Ransomware ,
Regulatory Requirements ,
Risk Management ,
School Districts ,
State Privacy Laws ,
Vendors
Ask any chief information security officer (CISO), cyber underwriter or risk manager, or cybersecurity attorney about what controls are critical for protecting an organization’s information systems, you’ll likely find...more
1/9/2025
/ Artificial Intelligence ,
Biometric Information ,
Chief Information Security Officer (CISO) ,
Cryptocurrency ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Deep Fake ,
FBI ,
Fraud ,
Identity Theft ,
Know Your Customers ,
Multi-Factor Authentication ,
Phishing Scams ,
Risk Management ,
Secret Service ,
Social Engineering
As more employers incorporate wearable technology in the workplace, including those enhanced by artificial intelligence, the Equal Employment Opportunity Commission (EEOC)’s new fact sheet “Wearables in the Workplace: The Use...more
1/8/2025
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Compliance ,
Data Collection ,
Data Privacy ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Medical Devices ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII ,
Wearable Technology ,
Workplace Safety
The Indiana Attorney General Office (OAG) filed a detailed complaint on December 23, 2024 (Complaint) which arose out of the following patient complaint:
The OAG received a consumer complaint stating that the consumer had...more
On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to advance proposed regulations concerning automated decisionmaking technology. While the comment period is ongoing and we do not have final rules, we...more
Governor Kathy Hochul signed several bills last month designed to strengthen protections for the personal data of consumers. One of those bills (S2659B) makes important changes to the notification timing requirements under...more
As the healthcare sector continues to be a top target for cyber criminals, the Office for Civil Rights (OCR) issued proposed updates to the HIPAA Security Rule (scheduled to be published in the Federal Register January 6). It...more
1/2/2025
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Security ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
HITECH Act ,
Incident Response Plans ,
Malware ,
OCR ,
PHI ,
Policies and Procedures ,
Risk Assessment ,
Risk Management
As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our most popular topics and posts from 2024.
Expanding State Privacy Laws-
This year saw a...more
1/2/2025
/ Artificial Intelligence ,
Biometric Information ,
Breach Notification Rule ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Department of Labor (DOL) ,
Employee Privacy Rights ,
Fair Credit Reporting Act (FCRA) ,
Personal Data ,
Privacy Laws ,
Retirement Plan ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
Web Tracking
Around the country, the weather is turning wintery, but in the privacy arena, there will be a blizzard as five state comprehensive privacy laws become effective. Here is an overview of businesses needing to prepare....more
A healthcare provider delivering pain management services in Florida and other states faces a $1.19 million civil monetary penalty from the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR)....more
12/5/2024
/ Civil Monetary Penalty ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Independent Contractors ,
OCR ,
Risk Management ,
Security Rule
No organization can eliminate data breach risks altogether, regardless of industry, size, or even if the organization has taken significant steps to safeguard their systems and train employees to avoid phishing attacks....more
12/2/2024
/ AirBnB ,
Cybersecurity ,
Data Breach ,
Phishing Scams ,
Popular ,
Property Management Companies ,
Risk Management ,
Third-Party Service Provider ,
Vacation Rentals ,
Vendors ,
Websites
Massachusetts’ highest court recently issued an opinion that delves into the complex intersection of privacy law and modern technology. The case centers around whether the collection and transmission of users’ web browsing...more
On November 8, 2024, the California Privacy Protection Agency (CPPA) voted to proceed with formal rulemaking regarding artificial intelligence (AI) and cybersecurity audits. This comes on the heels of the California Civil...more
Governor Newsom recently signed two significant bills focused on protecting digital likeness rights: Assembly Bill (AB)1836 and Assembly Bill (AB) 2602. These legislative measures aim to address the complex issues surrounding...more
Artificial Intelligence (AI) has created numerous opportunities for growth and economic development throughout California. However, the unregulated use of AI can lead to a Pandora’s Box of undesirable consequences. A...more