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On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628, which requires private employers with a place of business in New York State to provide their employees prior written notice, upon hiring, of any electronic monitoring, as defined in the Act, to which the employees will be subjected by the employer.
Continue Reading New York State Requires Private Employers to Notify Employees of Electronic Monitoring

As reported on the Hunton Retail Law Blog, the U.S. Court of Appeals for the Second Circuit has affirmed the dismissal on Article III standing grounds of a data breach class action predicated on an alleged increased risk of identity theft. Notably, the district court that dismissed the action raised the issue of standing sua sponte in advance of a scheduled class settlement fairness hearing.
Continue Reading Second Circuit Affirms Dismissal of Data Breach Class Action on Article III Standing Grounds

The UK Information Commissioner’s Office has issued a Monetary Penalty Notice to pensions release provider Grove Pensions Solutions Ltd, fining it £40,000 after the company used contact details collected by a third party for its direct marketing campaign.
Continue Reading UK ICO Fines Pensions Release Provider for Unsolicited Marketing Emails

The U.S. Department of Health and Human Services recently published “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients,” which was developed by the Healthcare & Public Health Sector Coordinating Councils Public Private Partnership, a group comprised of over 150 cybersecurity and healthcare experts from government and private industry.
Continue Reading HHS Publishes Health Industry Cybersecurity Practices

Recently, the Sixth Circuit rejected Travelers Casualty & Surety Company’s request for reconsideration of the court’s July 13, 2018, decision confirming that the insured’s transfer of more than $800,000 to a fraudster after receipt of spoofed emails was a “direct” loss that was “directly caused by” the use of a computer under the terms of…