Data Privacy and Consumer Protections in 2025

Duane Morris partner Michelle Hon Donovan shares insight with NBC News about the privacy laws that take effect this year.

Eight states will have privacy laws take effect this year: Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Maryland, Minnesota and Tennessee. The laws impose stricter obligations on businesses handling personal data and grant consumers the right to more transparency on how their data is collected, used and shared, according to Donovan. Not all companies will be required to comply, as each state has its own requirements and thresholds, such as Nebraska, which exempts small businesses.

Donovan said that before 2020, there were few laws across the country addressing privacy except for online privacy laws in a handful of states. Federal laws mostly focus on certain industries, she added, like the Family Educational Rights and Privacy Act and the Health Insurance Portability and Accountability Act.

Read the full article on the NBC News website.

New York Department of Financial Services Issues Cybersecurity Threat Alert as Malicious Activity Rises

The New York Department of Financial Services (DFS) published an alert directed to all DFS-regulated entities specifically warning of a widespread cybersecurity threat involving social engineering of regulated institutions’ IT help desk personnel and call center personnel.

According to the alert, DFS has detected a trend in which threat actors have targeted IT personnel as a part of schemes to gain system access through password resets and diversion of multi-factor authentication (MFA) to new devices. According to DFS, threat actors have employed tactics including voice-altering technology and leveraging information found online about identities of individuals, in attempts to convince IT personnel at help desks and call centers to comply with fraudulent access requests.

DFS cautions all regulated entities to be on “high alert for suspicious communications” based on the observed threat actors’ recent activity. Entities are encouraged by DFS to:

  • implement secure controls for password changing and  MFA device configurations;
  • exercise caution in authenticating the identity of anyone who tries to change a password or MFA device; and
  • remain vigilant when receiving requests from individuals and vendors regarding system access. 

DFS included a link to guidelines published by the U.S. Department of Homeland Security’s Cybersecurity & Infrastructure Security Agency (CISA). The guidelines from CISA (CISA: Avoiding Social Engineering and Phishing Attacks) identify best practices to protect against these cyber threats, including:

  • Distinctions between common methods of social engineering employed by threat actors
  • Common indicators of malicious activity disguised as a legitimate communication
  • Proactive measures to minimize the risk of disclosing information and/or permitting access to threat actors
  • Guidance and resources on handling a cybersecurity compromise

In addition to the CISA guidelines, NYDFS has a publicly available Cybersecurity Resource Center with more information and guidance for DFS-regulated individuals and entities.

For More Information

If you have any questions about this blog post, please contact Michelle Hon DonovanAriel SeidnerMilagros Astesiano, any of the attorneys in the Privacy and Data Protection Group, or the attorney in the firm with whom you are regularly in contact.

Disclaimer: This blog post has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm’s full disclaimer.

Changes to Illinois Biometric Data Law Lower Liability, but the Stakes Remain High

In recent years, a heavy question mark has weighed on companies that process biometric information as part of their standard operating procedures: What is our risk exposure?  On August 2, 2024, Illinois Governor J.B. Pritzker signed into law a bill passed by the Illinois Legislature in May to amend BIPA in a way that is expected to limit the risk exposure associated with violations. The amended text of BIPA now indicates that violations essentially occur on a per-person basis, not a per-scan basis. This is expected to yield a marked decrease in the number of violations for which a company may be liable, though penalties of up to $5,000 may still add up quickly where thousands of individuals or more are implicated. Read the full Alert on the Duane Morris website.

Colorado Privacy Act’s Universal Opt-Out Provision Goes Into Effect July 1, 2024

While the Colorado Privacy Act (CPA) has already been in effect, as of July 1, 2024, companies that meet the threshold compliance criteria for CPA and that engage in the processing of personal data for purposes of targeted advertising or the sale of personal data (“covered entities”) must implement a universal opt-out mechanism, which allows users to more easily exercise their opt-out rights with these covered entities. Specifically, a universal opt-out mechanism allows a user to configure their internet browser settings, and as a result, the websites the user visits from that browser automatically receive the user’s opt-out signal. As of July 1, 2024, covered entities must recognize and honor a user’s opt-out preferences where communicated through a universal opt-out mechanism.

Read the full Alert  on the Duane Morris LLP website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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