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Kari M. Rollins is a partner in the Intellectual Property Practice Group and Office Managing Partner of the New York office.

Late this summer the New York Department of Financial Services (NYDFS) announced its first enforcement action since the cybersecurity rules went into effect in March 2017. The action was brought against First American Title Insurance Co. as a result of a 2018 data breach exposing 850 million customer records containing sensitive personal information.
Continue Reading What the First Enforcement Action under NYDFS Cybersecurity Reg Means to Companies

The Seventh Circuit has recently ruled that plaintiffs have standing to enforce the Illinois Biometric Information Privacy Act’s informed consent requirements in federal court. As we have written before, , BIPA regulates the collection, use, and retention of a person’s biometric information, e.g., fingerprints, face scans, etc. For years, federal trial courts have been split on whether a violation of BIPA’s informed consent provision is alone sufficient to confer Article III standing. . The decision in Bryant v. Compass Group USA, Inc., — F.3d —-, 2020 WL 2121463 (7th Cir. May 5, 2020) removes that uncertainty and will drastically change the landscape of BIPA litigation going forward.
Continue Reading Seventh Circuit Issues Landmark BIPA Decision

For the first time, the U.S. Supreme Court has agreed to review the Computer Fraud and Abuse Act (CFAA) in Van Buren v. United States, No. 19-783. A federal circuit split exists on the issue of whether the statute can only be used against hackers and unauthorized users of electronic systems, or also against authorized users who use the information for unauthorized purposes. In the context of data breaches, companies sometimes look to interpretations of the meaning of “authorization” in CFAA cases to analyze whether notification obligations may exist.
Continue Reading SCOTUS Review of CFAA May Impact Analysis in Data Breach Notification Obligations

During COVID-19, in certain areas of the law, we have seen significant flexibility from regulators and government agencies in how they are addressing typical approval processes and/or compliance requirements. In the context of privacy and cybersecurity regulations, largely, regulators are emphasizing that personal privacy and data security are important now more than ever. New information is being collected and used in new ways. Certain data security vulnerabilities may be more prevalent in this work-from-home environment.
Continue Reading Privacy and Data Protection Enactment and Enforcement Timelines During COVID-19

The FTC recently settled with smart lock maker Tapplock, Inc., a Canadian company, over allegations that it deceived consumers with false claims about its product’s security practices. These allegations arose based on vulnerabilities that a security researcher demonstrated – not in the aftermath of a data security breach where these complaints often originate.
Continue Reading FTC Settles with Company Over Alleged Deceptive Security Practices

During their COVID-19 preparations, companies are dusting off -and deploying- their business continuity plans. Also worth revisiting are incident response plans. Teams working remotely, if faced with a data breach, will still face privilege issues. For this reason simply moving to asynchronous forms of communication (email, chat, etc.) may not suffice, or may increase legal risk and exposure. Teams will thus need to be prepared for coming together virtually. Turning on the camera to converse remotely with video can be an impactful and important way to effectively handle a breach situation. To prepare, here are three key questions companies can consider:
Continue Reading Turn on the Camera Part Two: Are You Prepared to Handle a Breach Remotely and Do You Know Your Legal Security Obligations?

The European Data Protection Board recently requested comments on its data protection “by design and default” guidelines. Comments are due by mid-January of next year. The Guidelines provide clarity about how to address GDPR’s requirement that companies take “appropriate” technical and organizational steps to protect personal information and individuals. Part of the law’s requirements, according to the guidelines, is that companies can show that the measures they took are effective.
Continue Reading New European Data Protection Board Guidance on Data Protection by Design and by Default

The California attorney general has released draft regulations for CCPA, giving companies further guidance on a variety of topics. The regulations are in draft, and comments are due to the attorney general’s office by December 6, 2019. The AGs office will also be holding a series of hearings across the state, on December 2 (Sacramento), 3 (Los Angeles), 4 (San Francisco), and 5 (Fresno). Among the many items that companies will be examining in more detail in the coming days, the regulations provide details about how to verify consumers and the need for website accessibility in the provision of notices. The proposal also calls on companies to acknowledge access and deletion requests within 10 days of receipt of such a request.
Continue Reading Proposed CCPA Regs Released, Comments Due Dec. 6

As we recently reported, New York’s new SHIELD Act contains data security provisions. It also contains a number of key changes to New York’s existing breach notification obligations. These changes will become effective October 23, 2019.
Continue Reading New York SHIELD Act Expands Breach Notice Requirements Starting in October