Updates in Cybersecurity and Data Privacy, Part 2 – August 2020

By Krishna Jani, Flaster Greenberg   From California to New York, data privacy laws and enforcement actions are ramping up. Check out some highlights below.   1. New York State Department of Financial Services launched its first enforcement action in July 2020. As U.S. companies focus on CCPA enforcement, they should not ignore other state
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A Warning to Law Firms and Litigants: Unlawful Disclosure of PHI in Litigation Can Lead to Trouble

By Joshua Mooney, White and Williams LLP   The handling of sensitive data with appropriate care in litigation is a critical aspect of legal practice. Recent ABA Formal Opinions 477 and 483 discuss requirements for securing protected client information and lawyers’ obligations after a cyberattack. Conduct during litigation is no different. Unless stated otherwise by
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Massachusetts High Court Holds Suspect Can Be Compelled to Unlock Smart Phone

By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor LLP   The highest court of Massachusetts recently held that a suspect can be compelled to enter his passcode to unlock and decrypt his cell phone where the government showed the suspect’s knowledge of the passcode was a foregone conclusion.   In Commonwealth v. Jones,
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Police Can’t Force You to Unlock Your Phone with Finger or Face, Judge Rules

By Jeffrey A. Franklin, Prince Law Offices P.C. On January 10, 2019, a federal magistrate judge limited law enforcement’s requests to utilize biometric features, e.g., finger, facial or iris recognition, to unlock smartphones or computers that may be found at a residence during a search. The ruling came In the Matter of the Search of
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