The Matrix

The DOJ recently published guidance regarding website accessibility under the Americans with Disabilities Act (ADA). This guidance reiterated the DOJ’s longstanding position that websites of businesses open to the public (defined as “places of public accommodations” under Title III of the ADA) are required to be accessible to people with disabilities and provided some non-binding indicators of what it means for a website to be accessible. 

October is National Cybersecurity Awareness month, and the Department of Justice has chosen this month to roll out a new “Civil Cyber-Fraud Initiative.” The announced purpose of the Initiative is to actively pursue cybersecurity-related fraud claims by government contractors and grant recipients. 

A bipartisan bill was introduced on October 5, 2021, in the Michigan Senate to amend the Michigan Identity Theft Protection Act (the “Act”). The bill, linked below, would create an affirmative defense to tort claims arising out of a security breach. 

Michigan state courts have new privacy protections in court rules that become effective July 1, 2021 (links to the implementing orders are included below) after implementation was previously delayed.  Under revised Michigan Court Rule (“MCR”) 1.109 and 8.119, parties are no longer able to file papers – including pleadings, motions, and briefs – or attachments containing specified types of personally identifying information (PII) such as date of birth, financial account numbers, driver’s license numbers, state-issued personal identification card numbers, or passport numbers.  The existing prohibition on filing more than the last four digits of a social security number remains in force.  The revised MCR 1.109 calls for parties and their attorneys to redact any PII and to prepare a separate form listing the un-redacted information and reference codes to be used in the public document.  That separate form is considered a nonpublic document and is available only to the court, the parties, and other specified persons.  Anyone obtaining a copy of a publicly filed document will receive only the redacted copy and not the separate form.

The Michigan Court of Appeals issued a recent opinion in Long Lake Township v. Maxon, considering the question of whether a private landowner had a reasonable expectation of privacy that would preclude the government from flying a drone over their property.  The Court concluded that there was an expectation of privacy, and distinguished expectations of privacy from drones from those expected of plane or helicopter surveillance.  (A dissent argues that U.S. Supreme Court precedent on the Fourth Amendment mandated the opposite result.)

Under extraordinary circumstances, businesses are quickly adapting to remote work on a large scale. In doing so, companies should promote best practices to protect sensitive data. Below are some techniques that your company can employ to help ensure that sensitive personal or company information stays safe: