Privacy, Cybersecurity & Technology Law Perspectives

The California Attorney General Xavier Bacerra submitted the final proposed regulations (the “Regulations”) under the California Consumer Privacy Act of 2018 (“CCPA”) to the California Office of Administrative Law (“OAL”) on June 1, 2020. The Regulations were submitted on the last day that would normally be permitted under California law without reliance on other procedural measures that would have provided even less time for businesses subject to the CCPA to comply with the Regulations. Normally…
New privacy challenges await California businesses as they begin to develop plans to reopen after more than two months of lockdown due to the COVID-19 pandemic. Most businesses are required to fill out a county-specific safe reopening plan, which describes the measures that the business will take to protect the health of both employees and guests of the business. These measures often include, to varying degrees, temperature checks upon entrance and attestations to screening questions…
Like many industries, the automotive sector was hard hit by COVID-19. With plant closures, retooling of manufacturing lines for the production of necessary personal protection equipment, and the declining purchase demand for new vehicles, the automotive industry has a tough road ahead of it in order to return to the glory it enjoyed before the coronavirus pandemic befell the world. While reopening the plants and retooling the manufacturing lines to produce vehicles once again is…
Since President Trump declared a national emergency concerning the Novel Coronavirus Disease (COVID-19) outbreak on March 13, 2020, the health care industry has witnessed increased focus by investors on sectors closely tied to combating the disease, assisting people with coping with COVID-19 and delivering health care while abiding by social distancing measures. This article discusses three areas in the industry that are still attracting investment activity amid the COVID-19 pandemic.  Mental and Behavioral Health While…
Employers and employees are bracing themselves for a new heightened level of surveillance in the workplace not seen since the aftermath of 9/11. These new measures will leverage advanced technologies such as artificial intelligence and deep learning, and they will have privacy and security implications for employers and employees alike.  Employers are purchasing new technology solutions, as well as repurposing existing technology, such as surveillance cameras already in place. Many new surveillance measures and tools…
On May 13, 2020, the Federal Bureau of Investigation (FBI) and the Cybersecurity and Infrastructure Research Agency (CISA) issued an announcement directed at organizations involved in COVID-19 research to be on increased alert against potential cybersecurity attacks. The announcement stated that actors from the Peoples Republic of China (PRC) have targeted and potentially have compromised organizations involved in COVID-19 research, including those researching potential treatments, vaccines, and tests in an attempt to obtain intellectual property…
The dramatic interruption of business processes resulting from the COVID-19 pandemic has revealed major inadequacies in the disaster recovery / business continuity policies of many organizations, both large and small. Companies are being forced to address working environments across the whole enterprise that mandates physical distance between employees or in many cases, completely remote operations. These scenarios raise many risks, which can and should be mitigated by implementing a robust disaster recovery plan with special…
As the novel coronavirus (COVID-19) continues its march across the globe, particularly in Europe, and countries take increasingly drastic actions to counter the threat, employers are implementing measures across their organizations to limit the risks of contagion within the workplace. In doing so, employers are starting to collect and process new categories of potentially sensitive information about their employees, including whether they are displaying symptoms of the virus, the results of any COVID-19 testing and…
Updated as of April 9, 2020: As industry continues to adapt to the evolving realities of shelter-in-place orders, companies face challenges in supporting an unprecedented remote workforce while balancing compliance with a variety of regulatory agencies. The following alert highlights key areas to consider in the privacy and cybersecurity field, including regulatory and enforcement guidance from or related to: General Data Protection Regulation California Consumer Privacy Act Health Care: Health Insurance Portability and Accountability…
The Federal Communications Commission (FCC) has issued a Declaratory Ruling providing guidance (Guidance) on the implementation of the Telephone Consumer Protection Act of 1991 (TCPA) as COVID-19 continues to necessitate wider communications to inform the public and keep people connected. This Guidance confirms that COVID-19 qualifies as an “emergency” under the TCPA, making certain communications relating to and necessitated by the pandemic lawful under the “emergency exception” to the TCPA if certain caller and content…