Eye On Privacy

Timely Updates and Analysis on Privacy and Cybersecurity Issues

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The French Data Protection Authority capped off 2022 by terminating an investigation into Lusha Systems, Inc.’s compliance with GDPR. CNIL concluded that the law did not apply to the US company’s activities. As many know, since GDPR was passed US companies have been concerned about the extent the law applies outside of the EU: it applies not only to those entities with operations in the EU, but also those outside of the region who are either offering goods or services to people in the EU or monitoring individuals in the EU. Here, CNIL concluded that Lusha was not offering goods
Continue Reading CNIL Weighs in On GDPR Applicability to US Company

The New York and Pennsylvania AGs settlement with Herff Jones from late last year provides guidance to businesses about expected security measures as we enter into 2023. The case arose after Herff Jones, producer and seller of graduation goods, suffered a breach resulting in the theft and sale of customer payment card information.
Continue Reading Graduation Goods Settlement: A Good Reminder of AGs’ Data Security Priorities

On Friday, February 3, the CPPA is scheduled to meet about current and forthcoming CPRA regulations. The Board had previously signaled that it expected to finalize the draft regulations in late January or early February 2023. The agenda confirms that the CPRA regulations will be discussed, including “possible adoption” or “modification” of the text.
Continue Reading Movement on CPRA Regulations Expected

To conclude our series of cybersecurity areas to focus on in 2023 for those who do business with the Federal government, we look at the FedRAMP and StateRAMP developments from 2022. For the rest of this series, see our prior articles (Part One, Part Two, Part Three, and Part Four).
Continue Reading Do Business With the Federal Government? Here’s a 2022 Cybersecurity Recap: Part Five- Further Adoption of FedRAMP & StateRAMP

The federal government has continued its efforts to fulfill the requirements set forth in Executive Order 14028, Improving the Nation’s Cybersecurity. For companies that do business with the Federal government, beyond looking at the other issues raised in this series of posts (see here, here and here), these efforts will be important to keep in mind in 2023. There are three efforts underway by the FAR Council to amend the Federal Acquisition Regulations (FAR) related to the Executive Order (in addition to the Secure Software efforts discussed in Part Three).
Continue Reading Do Business With the Federal Government? Here’s a 2022 Cybersecurity Recap: Part Four – Cybersecurity Federal Acquisition Regulation (FAR) Updates

Today we continue our series (see here and here) with the Office of Management and Budget’s September 2022 memorandum requiring federal agencies to only use software from software producers that attest compliance with secure software development guidance issued by the NIST. The new requirements will apply to any third-party software that is used on government information systems or that otherwise “affects” government information. You can read our article about the guidance here.
Continue Reading Do Business With the Federal Government? Here’s a 2022 Cybersecurity Recap: Part Three – Secure Software Development Attestation Requirements

In this second in our series, we look at the long awaited update to NIST SP 800-171, “Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations,” which is expected to be released in late spring 2023. NIST SP 800-171 forms the backbone for contractor security requirements in Department of Defense regulations and the CMMC program. It remains unclear if this update will impact the rollout of the CMMC program. 
Continue Reading Do Business With the Federal Government? Here’s a 2022 Cybersecurity Recap: Part Two – NIST SP 800-171, Revision 3

As we start down the path of 2023, with the pandemic not quite behind us and economic uncertainty looming, the world can seem unsettled. Some things do appear to be a constant. Included in those are regulatory and court scrutiny on privacy and cybersecurity. As companies’ privacy and security teams make plans for their 2023 compliance efforts, it can be helpful to look back at last year’s developments.
Continue Reading 2022 Privacy Year In Review

As we get settled into the New Year it is a good time to reflect on your company’s current data security and plans for 2023. In this five-part series, we reflect on the top important cybersecurity developments for companies that do business with the federal government (whether directly or as a supplier or reseller) and what we anticipate in the new year.
Continue Reading Do Business With the Federal Government? Here’s a 2022 Cybersecurity Recap: Part One – CMMC Developments

Recently, the CFPB released an outline of proposed measures related to the Bureau’s Dodd-Frank Section 1033 rulemaking efforts that would allow consumers to take control of their personal financial data and determine which third parties could have access to such data. The CFPB is seeking comments on the rulemaking, by January 25, 2023.
Continue Reading CFPB Starts Year Seeking Comments on Proposals to Give Consumers Enhanced Control of Financial Data

The Colorado Attorney General recently released the second set of draft regulations to the Colorado Privacy Act (CPA). In this draft, the AG is seeking specific input on five different topics. There are also a number of changes to the first draft – some of which will be welcomed by businesses. Companies are reminded that the CPA goes into effect July 1, 2023.

Topics for Comment

In soliciting additional comments to the revised CPA regulations, the Colorado AG is seeking specific input on: (1) clarifications to definitions; (2) use of IP addresses to verify consumer requests; (3) a universal opt-out
Continue Reading New Draft Regulations for Colorado’s Privacy Law

As many are aware, the CPRA regulations are currently in draft status and may continue in that state until April, despite the law’s January 1 effective date. This could result in regulations being in final form after the July 1 date that the California Privacy Protection Agency (CPPPA) has signaled that it will begin enforcement. Last week, during a Dec. 16 CPPA board meeting, the agency’s executive director indicated that the final rules will likely be released at the end of January. Although there will then be a comment period, the director indicated that the agency does not currently
Continue Reading How To Handle CPRA Regulations Delay

An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act (BIPA). That court ruled companies must have a BIPA-compliant written retention-and-destruction policy in place before collecting and possessing biometric data. The decision makes clear that mere possession of biometric data triggers the duty to develop the necessary written BIPA policy. In relevant part, under BIPA’s section 15(a), companies must establish a written, publicly-available policy that governs their retention and destruction of biometric data.
Continue Reading Illinois Appellate Court Weighs in on Biometric Data Policies

The FTC is closing out 2022 with additional guidance for mobile health app developers signaling its continued interest in this industry. Since 2021, we have seen several steps from the agency demonstrating a focus on companies that collect health information but may not be a covered entity or business associate under HIPAA. This includes publishing additional resources, releasing commentary broadly interpreting the FTC’s Health Breach Notification Rule, and enforcement activity. Most recently, the FTC and other key regulators updated its “Mobile Health App Interactive Tool”.
Continue Reading FTC and Other Regulators Continue to Signal Interest in Mobile Health Apps