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Julia Kadish

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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.

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On April 27, 2023, the state of Washington enacted a landmark privacy law aimed at protecting the privacy of health data not covered by HIPAA. While the 2023 legislative season has been busy for state “comprehensive” privacy laws, this law is likely to have the most impact on businesses. The My Health My Data Act covers a very wide range of entities, consumers, and data, as we describe below. And, it contains a private right of action. With the law coming into effect in the first half of 2024, organizations will want to take steps now to understand the scope of this law and its onerous obligations.…

Continue Reading My Health My Data Act: Scope of the Law

Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents. If the breach involves 1,000 or more residents, then notification to each consumer reporting agency is also required.…

Continue Reading Utah Amends Data Breach Law, Creates Cyber Center

The California Privacy Protection Agency (CPPA) Board recently met and unanimously voted to finalize the proposed final CPRA regulations. This approved version was first released in January and updated those released in November 2022. Along with the proposed final CPRA regulations, the CPPA published a draft final statement of reasons and appendices containing responses to the comments received during the public comment periods.

Continue Reading CPRA Update: Moving Toward Finalization

Two states recently passed laws with specific data security requirements for entities that are gaming operators or licensees. These new regulations in Nevada and Massachusetts add to the already complex set of data security laws that exist at the federal and state level. In the US, companies may be subject to certain data security laws because of the type of information they collect or because of the industry they are in (financial, healthcare, insurance, telecommunications, etc.). The gaming industry is the latest to add to the mix.…

Continue Reading Gaming Operators Latest to See Specific Privacy & Cybersecurity Laws

On Friday, February 3, the CPPA is scheduled to meet about current and forthcoming CPRA regulations. The Board had previously signaled that it expected to finalize the draft regulations in late January or early February 2023. The agenda confirms that the CPRA regulations will be discussed, including “possible adoption” or “modification” of the text.…

Continue Reading Movement on CPRA Regulations Expected

The FTC is closing out 2022 with additional guidance for mobile health app developers signaling its continued interest in this industry. Since 2021, we have seen several steps from the agency demonstrating a focus on companies that collect health information but may not be a covered entity or business associate under HIPAA. This includes publishing additional resources, releasing commentary broadly interpreting the FTC’s Health Breach Notification Rule, and enforcement activity. Most recently, the FTC and other key regulators updated its “Mobile Health App Interactive Tool”.…

Continue Reading FTC and Other Regulators Continue to Signal Interest in Mobile Health Apps

Pennsylvania recently amended its data breach notification law to expand its definition of personal information and provide for a HIPAA exception. The process for providing notice in the event of a username/email breach has also changed. The amendments will not be effective until May 2, 2023.…

Continue Reading Pennsylvania Amends Breach Notification Law

The FTC recently took action against the online alcohol marketplace company Drizly and its CEO for alleged security failures. The case arose from a 2018 data breach which was caused – according to the FTC – by poor security measures stemming from the company’s alleged failure to devote sufficient resources or attention to data security.…

Continue Reading FTC Action Against Drizly and CEO Provides Insight Into Its Security Expectations

Companies who participate in the AdTech and digital advertising eco-system are very familiar with the Interactive Advertising Bureau and its form advertiser agreements. Those agreements can help streamline negotiations, presenting the parties with, essentially, a pre-negotiated approach to common issues. When CCPA was passed, IAB updated its form to address that law and address consumer notice and consent. With the upcoming laws in California, Colorado, Connecticut, Utah and Vermont, the document is now outdated.…

Continue Reading IAB Steps In State Signal Morass