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 risks and minimize potential liability.
Technology & Privacy
Digital Dollars: Amid the COVID-19 Crisis, Support for a U.S. Digital Currency Emerges
During congressional debates over the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a relatively novel idea was the focus of proposals from the Senate and House of Representatives: “digital dollars.” Several legislative proposals introduced the idea to address the delay between passage of the CARES Act and distribution of direct stimulus payments to…
The Future of Cash – Impact of Covid-19 on Payments in the UK
Since the introduction of cashless payments, tap pay and Apple/Android Pay the use of cash has been in steady decline. The Covid-19 pandemic now appears to be accelerating its demise. Post pandemic, will cash be a thing of the past as Covid-19 accelerates us to a fully contactless payment future?
Cash withdrawals at ATMs appear…
Work-Outs of Technology and Services Agreements Challenged by COVID-19
In early February 2020, before most of us were truly aware of the implications of COVID-19, a well-respected IT consulting group predicted a $4.3 trillion global spend on information technology in 2020. Drivers of the projected activity included cybersecurity, outdated infrastructure, mobile accessibility needs, cloud and SaaS transitions, and on-premises technology requirements. In late…
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
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…
Amid Pandemic Remaining New York SHIELD Act Data Security Requirements Have Taken Effect
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…
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…
Will the Role of Facial Recognition Grow in a Post-COVID-19 World?
An interesting New York Times article last week posited that governments’ use of digital surveillance techniques for the COVID-19 response – such as the tracking of geolocation to gauge quarantine restrictions – would lead to more pervasive digital tracking in the future. On a related note, there have been reports of an increased use of…
Department of Homeland Security Lists Blockchain Managers Among “Critical Services Workers” During COVID-19 Response
On March 19, 2020, the U.S. Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA), issued Guidance on the essential critical infrastructure workforce needed to ensure national resilience during the COVID-19 response. CISA developed its initial list of critical infrastructure workers to help state and local officials determine which operations are essential to critical…
Privacy Considerations for Employers and Health Care Providers When Communicating about Coronavirus-Infected Individuals
This alert focuses on the ongoing and developing privacy issues that have arisen for employers and healthcare providers communicating about the 2019 novel coronavirus (COVID-19). Specifically, we will discuss the steps that employers and healthcare companies need to consider when communicating to its employees, the media and general public, and government officials when an individual…