In a recent turn of events, the North Carolina Court of Appeals rendered an opinion on whether documents held solely by a third-party contractor, absent within public bodies, are counted as public records under the purview of the North Carolina Public Records Act. This key interpretation essentially addresses the gray area surrounding the public records’…
In a meaningful development for corporate law professionals, the Fourth Circuit, on August 18, 2023, decertified nearly 20 million putative class action claims originating from a 2018 data breach involving Marriot Hotels. The decision reversed the district court’s certification, requiring the latter to determine from square one if all the supposed plaintiffs had, in effect,…
On September 11, 2023, a significant event took place in the public health sector in the United States. The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced an unprecedented resolution agreement and corrective action plan (CAP) with L.A. Care Health Plan, the nation’s largest public health plan, following investigations…
The U.S. District Court for the Southern District of Illinois has recently dealt another blow to those hoping to find new ways to defend against lawsuits filed under Illinois’ Biometric Information Privacy Act (BIPA). The ruling took place during this summer in the Lewis v. Maverick Transportation case. In a decisive four-page ruling, Judge Rosenstengel…
The Information Commissioner’s Office (ICO), in collaboration with eleven other international authorities responsible for data protection and privacy, issued a joint statement on data scraping on the 24th of August. The shared statement underscores the increasing global concern over this matter in the digital era, particularly in the context of personal privacy preservation. Data scraping…
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Office of the National Coordinator for Health Information Technology (ONC) recently announced the release of version 3.4 of their Security Risk Assessment (SRA) Tool. This recent version of the SRA tool is aimed to facilitate healthcare providers in conducting a…
In a recent move, the European Parliament has passed a resolution against the decriminalization of prostitution. The decision to pass the resolution titled ‘Resolution of 14 September 2023 on the Regulation of Prostitution in the EU: its cross-border implications and impact on gender equality and women’s rights’ is seen as an extension of the member…
Indiana Attorney General Todd Rokita has been charged with three counts of attorney misconduct by the Disciplinary Commission of the Indiana Supreme Court. The focus of the disciplinary complaint is on Rokita’s comments about an investigation into a medication abortion performed by Dr. Caitlin Bernard, an Indianapolis OB/GYN, on a 10-year-old rape victim from Ohio…
Cadence Bank confirmed that a data breach involving MOVEit, a file transfer application, has compromised customer information. The breach, which was discovered and notified to the Montana Attorney General on September 15, 2023, exposed sensitive data held by the bank, including customer names, addresses, dates of birth, Social Security numbers, driver’s license numbers and financial…
In a significant development in United States privacy legislation, Delaware Governor John Carney has enacted House Bill No. 154, named the “Delaware Personal Data Privacy Act,” according to a recent post by White & Case LLP on JD Supra. This comprehensive consumer data privacy law will become effective from January 1, 2025. Joining the ranks…
In a unanimous decision on Sept. 12, 2023, the Mexican Senate has approved a draft Decree to reform certain sections of the General Law of Commercial Companies (Ley General de Sociedades Mercantiles or LGSM). This revision is indicative of an evolving approach to corporate governance that incorporates technology and reflects the modern-day business environment. The…
The Israeli Privacy Protection Authority has recently rolled out a draft directive that pertains to the responsibilities that boards of directors bear, in terms of alignments with Privacy Protection (Data Security) Regulations. The directive, as described by Barnea Jaffa Lande & Co. The directive put forward by the Authority highlights that as part of their…
As an increasing number of legal professionals must grapple with the complexity of healthcare-related information requests, a clear understanding of the regulations surrounding the Health Insurance Portability and Accountability Act (HIPAA) is ever more crucial. The HIPAA privacy rules (45 CFR § 164.501 et seq.) generally forbid healthcare providers and their business associates from disclosing…
In the realm of workplace pensions, regulatory and legal developments continue to abound, thus keeping professionals in the sector on their toes. The recent weekly update from the Pensions team at Allen & Overy LLP provides insight and summary on the key topics pertinent to pension law. One key development presented is the consideration of…
If you’re a legal professional with interests in privacy and data protection, the recent passage of SB 362 in California is likely to be on your radar. The law, which comes amid increasing scrutiny of data brokers, adds a new layer to the ongoing discussion about data privacy regulations in the digital age. As per…
In an era of increasing attention to digital privacy, the California Legislature recently passed the DELETE Act (SB 362), now waiting for the signature of Governor Gavin Newsom. The legislative move represents an attempt to broaden the definition of ‘data broker’, potentially implicating many businesses unaware of falling under this category. Specifically, the law would…
In the vicinity of Legalia, two distinct modes of legal research came to a head. While Max, a traditionalist, spent considerable time sifting through massive amounts of data, from statutes and regulations to case precedents and law review articles, across both physical libraries and online databases, Levi took a more contemporary approach, utilizing a generative…
In late August 2023, California’s Privacy Protection Agency (“CPPA”) issued a discussion draft highlighting upcoming regulations under the state’s Consumer Privacy Act. An important highlight of this proposal is the call for comprehensive annual audits of company cybersecurity initiatives to assess compliance and sufficiency. The proposed audits, released by the CPPA, aim to significantly increase…
Delaware Governor John Carney has signed the Delaware Personal Data Privacy Act (DPDPA) into law on September 11th. This act will come into effect on January 1, 2025, according to a report from Constangy, Brooks, Smith & Prophete, LLP. With the enactment of the DPDPA, Delaware becomes the twelfth state to implement comprehensive privacy laws….
In a newfound approach to privacy legislation, the California Delete Act has successfully passed the legislature and now awaits the Governor’s approval. Mentioned in a report by Husch Blackwell LLP, it is stipulated that the California Delete Act necessitates all data brokers to register with the California Privacy Protection Agency (CPPA) as early as the…
The Irish Data Protection Commission (DPC) recently levied a hefty fine of €345 million on social media titan TikTok for severe violations of data protection regulations, as highlighted in a JURIST News report. This development comes in light of growing perceptions about the platform’s handling of personal data, especially in relation to underage users. The…
Extended reality technologies, encompassing all immersive technologies such as virtual and augmented realities, are steadily carving out space at the technological forefront. These technologies, known collectively as XR or extended realities, facilitate users’ interaction with digital elements integrated into their physical environment or provide a chance to explore simulated 3D realms. XR’s application stretches across…
California Attorney General Rob Bonta announced a $93 million settlement with Google, Inc. over allegations of the company’s violation of several provisions of the California Business and Professions Code (BPC) related to its location tracking practices. The practices in question pertained to the company’s statements and policies related to their use and collection of users’…
In a case that almost seems ripped straight from a Shakespearean drama, a court has ordered technology giant, Samsung to pay millions of dollars in arbitration fees. Allegedly, Samsung has violated the Illinois Biometric Information Privacy Act (BIPA), leading approximately 50,000 customers to file individual arbitration demands with the American Arbitration Association (AAA) under the…
As digital privacy continues to concern consumers worldwide, new legislation in Delaware aims to enhance the level of protection consumers receive with respect to their personal data. Delaware Governor John Carney recently signed the Delaware Personal Data Privacy Act into law. According to reports, this new piece of legislation will become effective on January 1,…