On Sept. 15, the Federal Trade Commission issued a policy statement emphasizing that developers of health apps and other connected devices and their service providers must meet breach notification requirements under the Health Breach Notification Rule, including a rapid 10-day notice period to the FTC and a 60-day notice period to individuals and the media.
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Another Company Loses a Data Breach Investigation Work Product Claim
One might think that any company reasonably anticipates litigation after suffering a data breach, so the work product doctrine would almost inevitably protect its data breach investigation. But only a handful of companies have succeeded in claiming such protection.
In In re Rutter’s Data Security Breach Litigation, Civ. A. No. 1:20-CV-382, 2021 U.S. Dist. LEXIS
CNPD v. Amazon, the largest GDPR fine on record – what do we know so far?
Amazon’s financial records have revealed that the Luxembourg data protection supervisory authority, the Commission Nationale pour la Protection des Données (“CNPD”), is fining the retailer’s European arm (Amazon Europe Core S.à.r.l.) an eyewatering 746 million euros (£636m or $838m) for breaches of the EU’s General Data Protection Regulation (“GDPR”).
When the GDPR was introduced in
Employers Hearing Footsteps in the Big Apple? The Rise of New York Biometrics Laws
New York City’s recently enacted biometric privacy law took effect July 9, 2021. While the law is vague as to exactly who must abide by certain subsections, it is undoubtedly consumer-focused. However, even if employers escape New York City’s biometric ordinance, a looming New York state law may soon impose more expansive biometric requirements on
Florida Enacts Mini-TCPA
On June 29, Gov. Ron DeSantis signed into law Senate Bill 1120, which amends the Florida Telemarketing Act and creates a state-law analog to the federal Telephone Consumer Protection Act.
Read on to learn about five key features of the new Florida statute, which went into effect July 1.
TCPA Standing: A New Circuit Split and Other Developments
Two U.S. Circuit Courts of Appeals recently weighed in on what it takes to establish standing to pursue a Telephone Consumer Protection Act (TCPA) claim. The 5th Circuit held that receipt of one unwanted text message is enough to satisfy Article III, which deviates from a prior 11th Circuit decision holding that one text message
Starting at the Beginning: California Privacy Protection Agency Board Meets for the First Time
On June 14, 2021, the Board of the newly-formed California Privacy Protection Agency (“CPPA”) held its first public meeting. The Board had an extensive agenda, covering topics such as the laws affecting the Board and CPPA, initial hiring strategy for the CPPA, policies and practices on delegations of authority and conflicts of interest, establishment of
Federal Law Won’t Protect Your Organization from Bad User Access Control Practices
Yesterday, the Supreme Court resolved a circuit split on the scope of the Computer Fraud and Abuse Act of 1986 (CFAA) in a decision that emphasizes the importance of how organizations manage access to their systems. Employees with access to information at work sometimes access that information with improper motives, and in violation of office
As HIPAA, HITECH Undergo Modernization, NIST Seeks Comment on Security Standard Guidance
On January 21, 2021, the Department of Health and Human Services (HHS) published proposed modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), discussed in a previous McGuireWoods’ post. The comment period for these proposals recently ended
Biden Administration Orders Improvements to Cybersecurity and Federal Networks Amid Cyberattacks
On May 12, President Biden signed an executive order mandating that the federal government significantly improve cybersecurity within its networks and modernize federal cyber defenses. This move follows a series of cyberattacks on private companies and federal government networks over the past year, including a recent incident that resulted in gasoline shortages along the U.S.