Blog

Security, Privacy and the Law

Security and privacy issues encountered by businesses often require immediate and discreet solutions. We cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Security, Privacy and the Law
NY State Education Department Bans Facial Recognition Technology
Blog October 23, 2023
In late September, the NY State Education Department issued a two-page order providing that NY public schools may not purchase or utilize facial recognition technology. The Department relied on a report issued by the NY Office of Information Technology Services in August that was critical of the privacy implications of facial recognition technology, but left open the door for the use of other types of biometric technology in schools…
Proposed South Carolina Biometric Legislation Could Break New Ground
Blog January 31, 2020
Over two years ago, in our annual year in preview series, we noted that while only three states had passed laws specifically dealing with the protection of biometric information, other states were considering following their lead.  But even as biometric technology has continued to advance, state legislatures have remained cautious about enacting privacy legislation directed specifically at the protection of biometric information.  As of now…
Partner Colin Zick Discusses Sports Betting and Biometric Data with the Boston Globe
Blog June 06, 2019
As Massachusetts lawmakers consider whether to legalize sports betting, professional athletes fear that their biometric data – which can be collected and analyzed as part of their training – could become a commodity in this form of gambling. Professional sports leagues say that they have no plans to make this data available for gamblers, but the use of biometric data from wearable health devices is not covered by health privacy laws…
Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?
Blog January 20, 2019
Can a fingerprint alone provide “testimony” about a person?  Earlier this month, a federal court in California said yes.  But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in the ever-evolving field of how to balance law enforcement needs and individual citizens' privacy interests as new technologies emerge. The United States District Court for the Northern District of California has been a hotspot for privacy-related litigation…
Cybersecurity 2018 - The Year in Preview: Biometrics
Blog December 07, 2017
Editors' Note:  This is the fifth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year.  Previous installments include analyses of HIPAA compliance, emerging security threats, federal enforcement trends, and state enforcement trends.  Up next:  Education. The term “biometrics” may conjure up images of Gattaca or Minority Report…

ABOUT

The Foley Hoag Security, Privacy and the Law Blog focuses on the security and privacy issues encountered by businesses that often require immediate and discreet solutions. Here we cover topics that arise from guiding our clients through the process of complying with the ever-growing number of state, federal and international laws governing information security, identity theft, surveillance and other privacy issues.

Our lawyers assist clients with questions on how to legally and ethically investigate abusive e-mail, take down infringing Web sites, maintain surveillance of company facilities and information systems, and remediate breaches of security. We work with clients to ensure the legality and success of existing security policies and protocols and help them develop new programs when necessary. Our lawyers have managed unexpected crises ranging from surprise inspections by government investigators to obtaining emergency court orders needed to secure stolen company computers from rogue insiders.

Blog Authors