On March 29, 2023, Iowa became the latest in a small but growing number of states to enact comprehensive data privacy legislation. Like its counterpart laws in California, Connecticut, Colorado, Utah and Virginia, Iowa’s data privacy law – formally titled “An Act Relating to Consumer Data Protection, Providing Civil Penalties, and Including Effective Date Provisions”
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The Door Opens for Astronomical Damages Under BIPA
An Illinois Supreme Court ruling on February 17, 2023 opened the door to astronomical damages under the Illinois Biometric Information Privacy Act (“BIPA”). Enacted in 2008, BIPA provides for a private right of action against an entity that collects or discloses a person’s biometric identifier without opt-in consent.
Do Your Insurance Policies Cover Cyberattacks From State-Sponsored Entities?
Cyberattacks on corporate networks are on the rise, and the ramifications from such attacks can be financially devastating. Recent benchmarking data shows that the number of material cyber breaches at large businesses increased by 20.5% from 2020 to 2021, with cybersecurity budgets across industries aimed at preventing breaches jumping 51%. And while businesses suffering cyberattacks
Five Years It Is — Illinois Supreme Court Decides BIPA Statute of Limitations
The Supreme Court of Illinois relied on legislative intent, policy concerns and precedents to hold that all Biometric Information Privacy Act claims are subject to a five-year statute of limitations. Read on to learn more about the Tims v. Black Horse Carriers, Inc. opinion and how it may impact businesses and their BIPA decisions going forward.
Ohio Supreme Court: Insurance Policy Does Not Cover Ransomware Attack on Software
In a unanimous decision, the Ohio Supreme Court found that a computer software company’s business owners insurance policy does not cover losses resulting from a ransomware attack on the company’s computer software systems because the attack did not cause physical loss or physical damage to the software.
Read on for background on this case and
New Year Brings New State-Level Data Privacy Protections
As 2022 draws to a close, it is important to keep in mind that key state-level regulations on consumer and employee data privacy will become effective as soon as 2023 begins. Data security measures, personal data processing activities and privacy policies of businesses covered by the regulations are now proscribed specific standards and requirements in
FCC Drops Message That Ringless Voicemails Are Subject to TCPA
On Nov. 21, 2022, the Federal Communications Commission issued a declaratory ruling and order finding that “ringless voicemails” to wireless phones are “calls” made using an artificial or prerecorded voice. Such calls, therefore, are subject to the Telephone Consumer Protection Act and callers must obtain consent before delivering such messages.
Read on to learn about
New California Law Bans Tech Companies From Disclosing Data for State Abortion Investigations
Compliance with out-of-state investigative requests, like warrants, just got a little trickier for some California-based companies.
Read on for details and implications of a new California law that, among other things, prohibits technology and communications companies based in the state from providing user data to out-of-state authorities investigating abortions that would be legal under California
First CCPA Enforcement Action Shows Accepting User-Enabled Global Privacy Controls Is Mandatory
On Wednesday, August 24, 2022, the California Attorney General released a public statement addressing its first enforcement action under the California Consumer Privacy Act (“CCPA”) against Sephora. The Attorney General alleged that Sephora failed to disclose to consumers that it was selling personal information, it failed to honor requests submitted through Global Privacy Controls (“GPC”),
HHS Issues New HIPAA Guidance on Audio-Only Telehealth Services
During the pandemic, audio-only telehealth was a critical tool to provide care to populations that could not use video during telehealth sessions, due to factors such as lack of financial resources, disability or lack of sufficient broadband coverage.
New HHS guidance outlines steps covered entities should take to ensure that their audio-only telehealth practices are