On March 2, 2021, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. This made Virginia the second state to enact a consumer privacy and data security law, and follows hot the heels of California’s Consumer Privacy Act (CCPA) and the newly-enacted California Privacy Rights and Enforcement Act (CPRA). Virginia will not be the last to regulate the relationship between consumers and businesses holding their data;… More
Tag Archives: privacy
First Circuit Creates Exception to Massachusetts Wiretap Statute Based on First Amendment Rights, Allows Citizens and Press to Record Police Activity Without Permission
The First Circuit’s recent opinion in Project Veritas Action Fund v. Rollins, upheld a challenge to the Massachusetts anti-wiretap law, Mass. Gen. Laws ch. 272, § 99, carving out an exception for certain activity protected by the First Amendment. The opinion begins:
Massachusetts, like other states concerned about the threat to privacy that commercially available electronic eavesdropping devices pose,… More
Massachusetts AG Creates “Data Privacy and Security Division”; What Enforcement Changes Will Follow?
Massachusetts Attorney General Maura Healey recently announced the creation of the Data Privacy and Security Division within her office, with the stated goal of “protect[ing] consumers from the surge of threats to the privacy and security of their data in an ever-changing digital economy.”
The coronavirus pandemic has required a rapid and dramatic shift to remote work, raising important implications for workplace privacy and information security. Some of these concerns are new; others are the same concerns that employers have always held, now amplified by the increasingly blurred lines between work and home. All of these concerns will remain as the workplace travels from the office to the home and, in the near future,… More
GDPR, CCPA and Now, the NY SHIELD Act: Additional Data Security Responsibilities for Companies Holding the Private Information of NY Residents
On March 21, 2020, the last of the features of the NY Stop Hacks and Improve Electronic Data Security Act (“SHIELD Act”) became effective: its data security requirements. The SHIELD Act is a sweeping statute governing individual rights relating to data breaches. It was adopted in July 2019 and has been rolled out in the months since then: its breach notification provisions took effect on October 23, 2019, and its data security requirements have now taken effect. … More
Very interesting discussion in the most recent Journal of the American Medical Association, “Information Technology–Based Tracing Strategy in Response to COVID-19 in South Korea—Privacy Controversies.”
The sources of information are staggering in their breadth: mobile phone carriers, immigration services, law enforcement, credit card companies, public transit companies, government agencies, health insurers and health care providers. It is difficult to imagine this type of tracing in the United States.… More
U.S. Department of Health and Human Services Office for Civil Rights BULLETIN: HIPAA Privacy and Novel Coronavirus
The coronavirus and Covid-19 are impacting everything and everyone, and certainly health information privacy. Here is a useful summary of health information issues to be mindful of from HHS OCR on HIPAA privacy and the coronavirus/Covid-19. Topics covered in the bulletin include:
- Sharing Patient Information
- Disclosures to Family, Friends, and Others Involved in an Individual’s Care and for Notification
- Disclosures to Prevent a Serious and Imminent Threat
- Disclosures to the Media or Others Not Involved in the Care of the Patient/Notification
For more information on HIPAA and Public Health,… More
What do pumpkin spice lattes and National Cybersecurity Awareness Month have in common? Not much, other than both should be top of mind in October, but that doesn’t mean that it’s wrong to think about them both in August.
Held every October, National Cybersecurity Awareness Month is a collaborative effort between government and industry to ensure every American has the resources they need to stay safe and secure online while increasing the resilience of the Nation against cyber threats. … More
The EU Commission issued today a “Communication to the European Parliament and the Council” which is entitled “Data protection rules as a trust enabler in the EU and beyond- taking stock”, which outlines the current state of EU data protection, with particular focus on the impact of GDPR.
- The implementation of GDPR in the EU
The Commission notes that all EU Member States have updated their national data protection laws except for three (Greece,… More