In today’s world, cybersecurity breaches and threats are pervasive concerns for any business entity, without exception. Working from home arrangements due to COVID-19 constraints only magnify the risk and create further vulnerabilities for companies. Companies should be aware of (1) the key cyber threats they face, (2) the consequences of
French DPA Issues Guidance Surrounding Practice of Web Scraping
On April 30, 2020, the French data protection authority, the CNIL, published a guidance surrounding considerations behind what it calls “commercial prospecting,” meaning scraping publicly available website data to obtain individuals’ contact info for purposes of selling such data to third parties for direct marketing purposes. The guidance is significant in two respects. First, it speaks to the CNIL’s view of this activity in the context of the GDPR and privacy concerns. Second, beyond the context of direct marketing related privacy issues, the guidance lays out some guiding principles for companies that conduct screen scraping activities or hire outside vendors to collect and package such data.
Trends in Privacy and Data Security
By Jeffrey Neuburger on
Privacy and cybersecurity remain top priorities for regulators and companies alike, as the threats posed by large-scale data breaches and other cyber incidents show no signs of waning. Companies and their counsel must monitor privacy and data security-related enforcement trends, new laws and regulations, and key emerging issues to mitigate…
FTC Issues New Guidance on Artificial Intelligence Technology
In the largest piece to come out of the FTC’s new focus on emerging technologies, the FTC Bureau of Consumer Protection issued new guidance on the use of artificial intelligence (“AI”) and algorithms. The guidance follows up on a 2018 hearing where the FTC explored AI, algorithms, and predicative analysis.…
HHS to Exercise Enforcement Discretion to Permit HIPAA Business Associates to Use and Disclose PHI to Public Health Authorities during the COVID-19 Health Crisis
By Ryan P. Blaney on
On April 2, 2020, the Office for Civil Rights (OCR) at the U.S Department of Health and Human Services released a notification related to the discretion that OCR will exercise concerning HIPAA enforcement during the COVID-19 public health emergency. Effective immediately, OCR will not impose penalties for violations of certain provisions of the HIPAA Privacy Rule against business associates for “good faith uses and disclosures of PHI by business associates for public health and health oversight activities.” HIPAA already permits covered entities to provide this data. With this new guidance from OCR, now business associates can disclose this data to certain public health authorities without risk of a HIPAA privacy enforcement action or penalty.
Amid Pandemic Remaining New York SHIELD Act Data Security Requirements Have Taken Effect
By Stephanie A. Diehl on
The developing coronavirus pandemic affects businesses and personnel within the state and elsewhere. With more New Yorkers working from home, there are more opportunities for cyberattacks through unsecure remote connections and the public concern growing each day.
The New York SHIELD (“Stop Hacks and Improve Electronic Data Security”) Act was signed to law on July 25, 2019. It is an amendment to New York’s data breach notification law. The SHIELD Act provides a number of changes that we reported last year, including expanding the definitions of “private information” and “breach.” The definition of “private information” now covers emails and passwords or security questions and answers, credit card details, and biometric data among others. A “breach of the security system” now covers unauthorized access, where such access may have occurred if “the information was viewed, communicated with, used, or altered” without authorization.
FTC Ramps up COVID-19 Activity After Improving its Data Security Enforcement Orders
With the spread of the novel coronavirus (COVID-19), cybersecurity criminals and scammers are ramping up their efforts to target vulnerable employers and workforces. The FTC announced today that since January they have received more than 7,800 fraud complaints from consumers related to the COVID-19 pandemic. But the FTC isn’t slowing down either. Even with the FTC having to change its own procedures due to COVID-19, the FTC has been publishing guidance on COVID-19 scams and also sending out warning letters to sellers of false treatments.