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Julia Kadish is an associate in the Intellectual Property Practice Group in the firm's Chicago office and is a member of the Privacy and Cybersecurity Team.

In addition to recently passing a cybersecurity safe harbor law, Connecticut also updated its data breach notification law. Connecticut joins Texas in passing changes to breach notification requirements this year. There are three key changes included in this amendment.

Continue Reading Connecticut Expands Data Breach Notification Law, Changes Effective October 1, 2021

Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s Privacy Rights Act (CPRA), which amends the existing CCPA, go into effect. The law does not have a private right of action, and the AG is to adopt regulations on certain aspects by July 1, 2023.

Continue Reading And Then There Were Three: Colorado Passes Privacy Law, Effective July 2023

New York City recently enacted a biometric ordinance that is set to come into effect July 9, 2021. With this ordinance, NYC joins other cities (like Portland) in regulating the use of biometric information. The ordinance may impact retailers, restaurants, and entertainment venues in the city that use security cameras with facial-recognition technology or otherwise collect biometric identifiers from their customers.
Continue Reading New York City Biometric Ordinance Effective July 9, Are You Ready?

Starting this fall, companies transferring personal data from the European Economic Area (EEA) will likely begin to see a flurry of contract renegotiations. On June 4, 2021, the European Commission adopted long awaited new Standard Contractual Clauses (SCCs) for transfers out of the EEA. SCCs have been one of the more popular ways for Companies to transfer personal data from the EEA to third countries whose privacy laws have not been deemed “adequate” (like the US). The prior SCCs pre-date GDPR (see our discussion here), and have been updated to (1) more directly address GDPR and (2) because of comments in Schrems II last July, which called into question their use (the court noted that even under SCCs, certain “supplementary measures” might be needed for cross-border transfers).
Continue Reading Understanding When to Use Two New Sets of Standard Contractual Clauses Issued by the EU

Nevada’s governor recently approved an amendment to their privacy law. As we covered previously, generally, this law affords consumers a right to opt out of the “sale” of their data to third parties.  The amendment broadens (1) the scope of the law to also apply to “data brokers” and (2) consumers right to opt-out of sale. The changes are expected to go into effect October 1, 2021.
Continue Reading Nevada Broadens its Privacy Law

The Supreme Court’s recent decision in Van Buren addressed the meaning of the term “exceeds authorized access” under the Computer Fraud and Abuse Act (CFAA). The Court held, in a criminal case that alleged that the person used information for an improper purpose, that the law’s definition of this term does not include situations when people have improper motives for obtaining computerized information they are otherwise authorized to access.
Continue Reading The Impact of the Narrowed Scope of CFAA Liability in the Privacy and Security Realm

Recently, the National Institute of Standards and Technology (NIST) requested comments to its Resource Guide for implementing the HIPAA Security Rule. (i.e., SP 800-66). This Guide, first released in 2008, summarizes the HIPAA Security Rule standards and explains the structure and organization of the Security Rule.
Continue Reading NIST Plans to Update HIPAA Security Guidance – Asks for Comments

Utah recently amended its breach notice law to provide certain defenses to companies who suffer a data breach.  It is now the second state, after Ohio, to include such provisions. Specifically, entities that create and reasonably comply with a written cybersecurity program may have an affirmative defense to litigation resulting after a data breach. For the safe harbor to apply, the written cybersecurity program must:
Continue Reading Utah Creates Data Breach Safe Harbor