Blog Archives

Democrats and Republicans Introduce Competing COVID-19 Data Privacy Bills

Responding to widespread calls for uniform rules and restrictions regarding the collection and use of individuals’ COVID-19-related health information, Congressional Republicans and Democrats have each recently introduced their own versions of federal COVID-19 data privacy bills.  Although both parties’ bills

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Posted in Legislation, Privacy, Regulations

The European Data Protection Board Issues Updated Guidelines on Consent

On May 4, 2020, the European Data Protection Board adopted updated guidelines on what does and does not constitute consent under the General Data Protection Regulation (GDPR) in certain situations.  Consent is one of the lawful bases to process personal

Posted in Privacy

The Children’s Online Privacy Protection Act and Online Learning

With schools across the nation closing their physical locations and moving to an online learning environment, it is important for school officials to understand their obligations under the Children’s Online Privacy Protection Act (COPPA).  COPPA regulates the collection of personal

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Posted in Privacy, Uncategorized

Does the CCPA Apply to Financial Institutions?

Despite the global pandemic, the California Attorney General will begin enforcing the California Consumer Privacy Act on July 1 as planned, so even in this new work-from-home environment, businesses must continue to work towards compliance and resolve any open issues.

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Posted in CCPA, Legislation, Privacy, Regulations

Cybersecurity Best Practices in the Remote-Working Environment

In the wake of the COVID-19 crisis, much of the workforce has shifted to working remotely, with many workers operating out of makeshift “offices” they created in their homes with little or no warning. Along with this remote work comes

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Posted in Data Security, Policies and Procedures, Privacy, Uncategorized

What Is A “Reasonable Link” Under CCPA?

On February 7, 2020, California Attorney General Xavier Becerra published modified regulations for the California Consumer Privacy Act after reviewing the public comments received on the initial draft regulations.  While the modified regulations provide some much-needed clarity, they also leave

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Posted in CCPA, Privacy, Regulations

Is Privacy Profitable?

It is evident that a company must invest in its privacy practices to meet legal requirements if it wants to avoid investigation costs and potential civil penalties.  But can investment in privacy, data security, and data management bring benefits to

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Posted in Data Security, Privacy

In Search Of A Federal Data Privacy Law

In the absence of a comprehensive federal data privacy and data security law, states continue to fill the gap. The California Consumer Privacy Act took effect on January 1, 2020, and several other states have similar laws under consideration. Nevertheless,

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Posted in Data Security, Legislation, Privacy

Privacy Primer: Family Educational Rights and Privacy Act (FERPA)

FERPA is a U.S. law, passed in 1974, that protects the privacy of student educational records.  FERPA applies to all schools, from elementary schools to postsecondary education institutions, that receive federal funds under a program of the U.S. Department of

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Posted in Privacy

Ninth Circuit Finds Article III Standing For Procedural Violation Of Biometric Privacy Law

The Ninth Circuit Court of Appeals has written the latest chapter of the ongoing saga of Article III standing for violations of the Illinois Biometric Information Privacy Act (“BIPA”).  BIPA requires, among other things, that before collecting a person’s biometric

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Posted in Data Security, Privacy
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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