Two weeks ago we wrote about proposed legislation, The COVID-19 Consumer Data Protection Act of 2020 (“CCDPA”), introduced by a group of senior Republican senators, which was designed to address privacy issues arising in the wake of the COVID-19 pandemic. In response, senior Democratic members of the Senate and House of Representatives introduced their own
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OCR Warns Providers and Media: Patient Privacy Remains Protected Despite Pandemic
Since the outbreak of COVID-19, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has issued various notifications of enforcement discretion related to compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, discussed previously. However, OCR issued guidance on May 5, 2020, reminding covered
The Virginia Insurance Data Security Act – What You Need to Know
On March 11th, 2020, Virginia Governor Northam signed the Insurance Data Security Act (the “Act”) — HB 1334 — imposing requirements on all entities regulated by the Virginia Bureau of Insurance (“BOI” or the “Bureau”) to:
- maintain an information security program,
- investigate all cybersecurity events,
- notify the Commissioner of Insurance of cybersecurity events,
Privacy vs. Containment: Federal Privacy Legislation Meets COVID-19
As the federal, state, and local governments and industry grapple with how to respond to and prevent the spread of COVID-19, a group of senior Republican senators recently announced consumer privacy legislation designed to protect personal “covered data” collected from consumers relating to personal health, geolocation, and proximity. The proposed legislation is a response to
Most COVID-19 Calls Are Not an “Emergency Purpose,” and Other Unexpected Developments
The COVID-19 pandemic has impacted nearly every facet of society in unpredictable ways, and the laws and regulations governing calls and text messages are no exception. The Federal Communications Commission (FCC) issued a recent declaratory ruling clarifying when calls and text messages relating to COVID-19 are permissible under the TCPA’s “emergency purposes” exception, but most
Protecting Business Information During the COVID-19 Pandemic
Due to the COVID-19 pandemic, 42 states, Puerto Rico and the District of Columbia have adopted shelter-in-place or similar orders. As a result, more employees than ever before are working from home. This sudden increase in telework has created new challenges for employers, including balancing the need to protect their trade secrets and confidential information,
Update: Coronavirus Cyberscams and Other Attacks – Scammers Are Still at It
The global coronavirus pandemic continues on, and the cyberattacks and scams continue to multiply. In the midst of the pandemic, hackers are capitalizing on fears surrounding the outbreak by crafting COVID-19-themed attacks aimed at infecting computers with malware or obtaining sensitive, personal information. Below are some of the latest examples of attacks and vulnerabilities to
Three Cybersecurity and Privacy Recommendations When Navigating COVID-19
While businesses grapple with the COVID-19 crisis, data privacy and data security regulation remains a pressing concern. Some significant state laws regarding data privacy and security have gone into effect in 2020, such as the California Consumer Privacy Act (“CCPA”) (effective January 1, 2020) and the New York Stop Hacks and Improve Electronic Data Security
California Attorney General: CCPA Enforcement on Schedule Despite COVID-19
COVID-19 is delaying just about everything these days—except the CCPA.
In letters submitted on March 17 and March 20, a coalition of nearly sixty business and organizations called on California Attorney General Xavier Becerra to temporarily defer CCPA enforcement by six months to January 2, 2021 due to COVID-19. The coalition, which spans a range
Cybersecurity and Infrastructure Security Agency Issues Initial Guidance on Essential Workers, Sectors
As many industries transition to alternate working arrangements in response to COVID-19, certain sectors and functions essential to the nation’s public health, safety and community well-being must continue to operate. The Cybersecurity and Infrastructure Security Agency (CISA) of the Department of Homeland Security recently released an initial list of “Essential Critical Infrastructure Workers” to help