On September 6, 2024, the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2024-01, titled “Cybersecurity Guidance Update.” The updated guidance clarifies that the DOL cybersecurity guidance applies to all ERISA-covered plans, and not just retirement plans, but also health and welfare plans. Also, as a direct response to service providers’
Seyfarth Synopsis: In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that person-to-website interactions fall outside the Act’s scope, which focuses on person-to-person communications. However, the court emphasized that other privacy laws could
Corporations face unprecedented challenges in safeguarding sensitive data and mitigating privacy risks in an era marked by the rapid proliferation of Internet of Things, or IoT, devices.
Recent developments, including federal and state regulators’ heightened focus on privacy enforcement, highlight the importance of proactive risk management, compliance and data governance. As IoT and smart devices continue to hit the marketplace, heightened scrutiny for businesses’ data governance practices follows.
The Federal Trade Commission’s recent technology blog, “Cars & Consumer Data: On Unlawful Collection & Use”[1] underscores the agency’s commitment to enforcing consumer protection laws. Despite their blog’s focus on the car industry, the FTC’s message extends to all businesses, emphasizing its vigilance against illegal — or “unfair and deceptive” — collection, use and disclosure of personal data.
Recent enforcement actions are a stark reminder of the FTC’s proactive stance in safeguarding consumer privacy.
Geolocation data is a prime example of sensitive information subject to enhanced protections under the Federal Trade Commission Act. Much like mobile phones, cars can reveal consumers’ persistent, precise locations, making them susceptible to privacy infringements.Continue Reading Careful Data Governance Is a Must Amid Enforcement Focus
On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability for collecting or sharing biometric data without consent.
The BIPA amendment followed a call for action directed at the legislature from the Illinois courts.
This post was originally published to Seyfarth’s Global Privacy Watch blog.
On July 10th, the European Commission issued its Implementing Decision regarding the adequacy of the EU-US Data Privacy Framework (“DPF”). The Decision has been eagerly awaited by US and Europe based commerce, hoping it will help business streamline cross-Atlantic data transfers, and by
Seyfarth Synopsis: The U.S. District Court for the Northern District of Illinois recently denied Plaintiff’s motion to reconsider a prior dismissal of his privacy action due to untimeliness. In a case titled Bonilla, et al. v. Ancestry.com Operations Inc., et al., No. 20-cv-7390 (N.D. Ill.), Plaintiff alleged that consumer DNA network Ancestry DNA violated the
On June 10, 2021, China officially passed China’s first Data Security Law, which will take effect on September 1, 2021. Following the introduction of the Data Security Law, together with the Cybersecurity Law, which has been implemented since June 1, 2017, and the Personal Information Protection Law, which is undergoing public comment
Seyfarth Synopsis: On May 12, 2021, President Joe Biden issued a very broad, 34 page “Executive Order on Improving the Nation’s Cybersecurity.” The Executive Order, or “EO”, can be found here. This order comes six months after the notorious SolarWinds attack, and mere weeks after other high-profile attacks have invaded our networks
From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time.
To help navigate the litigation landscape, we are kicking off a webinar
In this unprecedented time, businesses are, more than ever, implementing and rapidly rolling out programs for remote or at-home work by employees. The quick changes in local and state governmental “shelter in place” instructions and Public Heath directives have placed significant strains on remote networks and caused local shortages of laptop computers at office supply and electronic stores across the country.
With this unexpected increase in remote workers, many companies are pushing the limits of their existing remote access technology, or deploying ad hoc technology and access solutions as quickly as possible. Some of those companies are not taking the time to consider potential information security, privacy, and other compliance ramifications for those same remote workers.
It is entirely appropriate and necessary for companies to adapt their technology and work networks are utilized to the greatest degree possible to remain in operation and serve business and customer needs. But as always, data security and privacy should always be part of the equation.
Below are some essential things to know about the security risks posed by remote or at-home worker, and a Technical Checklist for Remote employees to make sure your corporate data is safe, and you do not risk compliance challenges with data privacy law and requirements.
Continue Reading Cybersecurity, Data Privacy, and Compliance Issues Related to Remote Workers