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New “Summary of Rights” FCRA Notices Required Effective September 21, 2018

On May 24, 2018, the President signed the Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Act”) into law, adding new Fair Credit Reporting Act (“FCRA”) required notices.  The changes primarily impact consumer reporting agencies (“CRAs”) rather than employers, but one change adds a new required notice whenever a Summary of Consumer Rights is required by the FCRA’s Section 609.

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LabMD CEO to share his FTC enforcement battle stories with RIT Information Security Policy and Law class

This fall, I have the pleasure of teaching a course on Information Security Policy and Law at the Rochester Institute of Technology Golisano College of Computing and Information Sciences.  When I was asked to teach, I welcomed the opportunity, because the course is directed at graduate level cybersecurity students, who don’t often get exposure to the legal and regulatory side of the cybersecurity equation.

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2019 NY Paid Family Leave Employee Contribution and Benefit Levels Announced

Just in time for the holiday weekend, the New York State Department of Financial Services released the updated 2019 Paid Family Leave (PFL) premium rates.

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New York Provides Draft Sexual Harassment Prevention Policy and Training Guidance

As discussed in our May 18, 2018 LEGALcurrents®, on April 12, 2018 Governor Andrew Cuomo signed the New York State Budget, which included new requirements to address workplace sexual harassment. Under the new rules, by October 9, 2018 all New York employers (regardless of size) are required to either adopt the State’s model anti-harassment policy and training or adopt a policy and implement a training program that meets New York standards.

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Can All of Those State Data Breach Notifications Lead to More Data Breaches?

In an interesting IAPP article, Kelce Wilson, InfraGard General Counsel, describes how bad actors without any hacking expertise can potentially inject themselves into the middle of a data breach notification effort and engage in widespread identity theft. The other unanticipated consequence of data breach notification is this: with the trend toward public disclosure of data breach notification letters and statistics, more and more information is in the public domain about the types of data our organizations collect and whether or not we encrypt that data. Case in point, Massachusetts, where yearly Data Breach Notification Reports are available on-line. The 2018 Report shows data breaches reported to Massachusetts authorities this year.

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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