Tag:Privacy & Security
Digital Footprints in the Post-Roe Era
On June 24, the Supreme Court officially overturned Roe v. Wade. In doing so, it declared that there was no longer a constitutional right to abortion, allowing state police power to determine its legality. Immediately after this decision, trigger laws went into effect across a quarter of the states, making abortions illegal. Post Dobbs, information collected on personal devices, especially through period-tracking and telemedicine apps, is at risk of being exposed and utilized as criminal evidence.
SEC Proposes Rules to Combat Cyber-Attacks
On March 9, 2022, the U.S. Securities and Exchange Commission (SEC) proposed rules on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure by Public Companies. In an attempt to further protect against cybersecurity attacks and increase cyber transparency among issuers and investors President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). Before CIRCIA goes into effect, it requires the Cybersecurity and Infrastructure Security Agency (CISA) to complete mandatory rulemaking activities, to develop/publish a Notice of Proposed Rulemaking (NPRM), and a final rule. The SEC proposal and CIRCIA both have different implications, but both will increase cybersecurity regulations and procedures, even making employees more conscious of potential attacks.
Artificial Intelligence: The Next Regulatory Frontier
Until recently, Artificial Intelligence (AI) was the domain of science fiction connoisseurs and Silicon Valley tech savants. Now, AI is ubiquitous in our daily lives, with a seemingly endless number of possible applications. As with any new and emerging technology, there are many novel questions and concerns that need to be addressed. Whether it be related to copyright ownership, ethics, cybersecurity obstacles, or discrimination and bias, concerns surrounding AI usage are mounting. AI system regulation has been rapidly increasing worldwide, while the U.S. regulatory landscape has remained relatively sparse. But it won’t be for long.
Imperative Progress in Your Data Privacy and Protection
Amanda Scott Associate Editor Loyola University Chicago School of Law, JD 2024 In June 2022, a draft of a bipartisan bicameral bill known as the American Data Privacy and Protection Act was introduced. This bill was proposed as a replacement to current laws to further protect and strengthen federal data privacy and protection regulations. This …
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Tick Tock for TikTok as Kids Addiction to App Grows
In June of this year, a new California bill, which allows social media companies to be sued by state government attorneys for having features that contribute to the addiction of children to their apps, cleared the state Senate. The bill was originally brought to California’s state assembly as one that would permit parents to sue social media giants for up to $25,000 per violation but was later amended after lobbying from business and tech-industry groups. The worry that social media is able to exploit children through ads, notifications, and other features in the design that are promoting addiction has amplified since the premiere of 2020 documentary, “The Social Dilemma.” Since then, the warning that regulation was looming has quickly turned into actual movement towards regulating the actions of social media companies. The bill has since failed, a disappointing end to an initiative that could have made a real change towards keeping social media giants in check.
Meta Sued for Unlawful Collection of Patient Data
A recent class action lawsuit alleges Meta (the parent company of Facebook) used an illegal tracking tool to retrieve patient information from over 664 hospitals for marketing purposes. Meta and a handful of US-based hospitals have violated privacy laws such as HIPAA that control the means and methods for lawfully handling covered medical information. John Doe filed the case on June 17, 2022, in the U.S. District Court for the Northern District of California, seeking class action certification for a jury trial to recover compensatory damages and attorney’s fees.
Patient Privacy in the Post Roe Era
On June 24, 2022, the Supreme Court finally handed down its long-awaited opinion in Dobbs v. Jackson Women’s Health Organization. In this decision, the Court set aside nearly 50 years of precedent and unequivocally overruled Roe v. Wade, declaring that there is no Constitutional right to abortion. This decision will unsurprisingly change laws and significantly impact millions of people across the country. Although pro-choice activists have been bracing for this outcome and mobilizing to maintain access to abortions, they have to contend with a consideration that did not exist to the same magnitude the last time that abortion was illegal in the US: anti-abortion laws’ impact on data privacy.
PATCHing Health Technologies: Medical Device Security is the Target in Congress’ Aim
Conversations about the privacy and security of health information systems and patient data are ongoing, and frequently front-page news. But what about healthcare’s “internet of things”? More specifically, the web of wearable or implantable medical devices, and the applications that go along with them, which collect and transmit health information? The Food and Drug Administration (FDA) is charged with approving medical devices for patient use in a clinical setting, such as pacemakers. These devices require FDA approval and cannot be altered after receiving that approval. Additionally, an upgrade to an approved device could result in the need for an entirely new FDA approval, making device’s security essentially obsolete soon after its deployment. The inability to upgrade device security poses a unique cybersecurity risk. And this risk is one that Congress seems poised to take on.
The Case for Expanding Privacy Protections in a Post-Roe World
In Dobbs v. Jackson Women’s Health Organization (Dobbs), the US Supreme Court ruled that abortion is not a fundamental right protected by the Constitution. This decision resulted in additional abortion protections in California, Michigan, and Vermont, and prompted many patients, providers, regulators, and tech companies to rethink data privacy. However, because most abortions are still banned in at least 13 states, this patchwork of state abortion laws, combined with the lack of any sufficient national privacy law, puts patient privacy at risk.
The Downfall of Twitter: Layoffs Rocking Big Tech
Over the last several weeks we have seen mass layoffs across big tech, including Salesforce, Twitter, and Meta. This comes after big tech peaked during the COVID-19 pandemic when it was essential to the nation in keeping us virtually connected. During the lock down tech giants’ profits soared as consumers upgraded devices, maximized increased storage, and were forced to get creative in communicating in the workspace. However, inflation, rising interest rates, and digital spending are driving big tech companies to implement large-scale layoffs as the economy prepares to take a downturn. While Meta CEO, Mark Zuckerberg, described the announcement as one of his hardest decisions, Twitter CEO, Elon Musk, has taken a different approach, causing continuous chaos that has led to compliance risks.