Antony Kim

Antony Kim

Orrick, Herrington & Sutcliffe LLP

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Latest Posts › Data Protection

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Tennessee Amends Breach Notice Statute: Sets Notice Deadline, Eliminates Encryption Safe Harbor

Tennessee recently amended its data breach notification law, and in doing so, it has joined the ranks of states like Florida, Ohio, and Wisconsin that require notification to residents of a data breach within a defined time...more

4/4/2016 - Amended Legislation Corporate Counsel Cyber Attacks Data Breach Data Protection Encryption Notification Requirements Personally Identifiable Information Risk Management

Is Cyberinsurance the Chicken or the Egg?

The insurance industry has been making the case to Congress that cyberinsurance can be a path to good security practices, encouraging different groups inside an organization to better communicate with one another. The process...more

3/29/2016 - Cyber Attacks Cyber Insurance Cybersecurity Data Protection Hackers Insurance Industry Risk Management

Biometrics: A Fingerprint for Privacy Compliance, Part I

In just the last week, the New York State DMV announced an upgrade to facial recognition software to catch identity thieves trying to obtain fraudulent driver’s licenses, and the Scottish Professional Football League was...more

3/4/2016 - Biometric Information Data Collection Data Protection Facial Recognition Technology FTC

Safe Harbor 2.0: Political Agreement Reached – The EU-US Privacy Shield

The European Commission has announced that it has reached a deal to replace the EU-US Safe Harbor framework that was declared invalid last year by the Court of Justice of the European Union (“ECJ”). Heralded as the EU-US...more

2/3/2016 - Article 29 Working Party (WP29) Data Protection EU EU-US Privacy Shield FTC International Data Transfers Ombudsman Personal Data Popular Safe Harbors

EU Reaches Agreement On New Data Protection By Laws

After nearly 4 years of negotiations, yesterday evening the EU reached agreement on the final provisions of its new data protection laws. With it, a new era of data protection has been ushered in that will have far reaching...more

12/16/2015 - Data Processors Data Protection EU Personal Data Reporting Requirements

5 Popular Cybersecurity Writers to Follow Right Now

For your convenience, a short list of JD Supra writers covering the myriad issues raised surrounding Cybersecurity, date privacy and protection, and related matters. ...more

10/23/2015 - Corporate Counsel Cybersecurity Data Breach Data Protection Popular

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more

10/7/2015 - Cloud Computing Corporate Counsel Cybersecurity Data Protection Data Security Data Transfers Due Diligence EEA EU European Court of Justice (ECJ) Facebook International Data Transfers Personal Data Popular Privacy Concerns Privacy Policy Safe Harbors US-EU Safe Harbor Framework Young Lawyers

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

10/1/2015 - Advocate General Cloud Computing Compliance Cross-Border Data Loss Prevention Data Protection Data Security Data Transfers Dispute Resolution Edward Snowden EEA Email EU EU Data Protection Laws European Commission International Data Transfers Personal Data Safe Harbors US-EU Safe Harbor Framework

Notifying Parties In Username/Password Breaches . . . It’s Not Just the Law

As we head into the end of 2015, state legislators across the country continue to strengthen, update and, in some instances, broaden the scope of their respective state data breach notification laws. Specifically, many...more

10/1/2015 - Bank Accounts Breach Notification Rule Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Breach Plans Data Protection Data Security Debit Cards Hackers Passwords Personally Identifiable Information Privacy Laws Proposed Legislation Social Security Numbers

EU–US Safe Harbor About to be Struck Down?

Thousands of U.S. and European companies who rely on the EU–US Safe Harbor Framework to permit the transfer of personal data from the EU to the U.S., have come a step closer to seeing the transfer mechanism struck down....more

9/23/2015 - Cybersecurity Data Protection Data Security Data Transfers EU Personal Data Safe Harbors US-EU Safe Harbor Framework

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action...

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach...more

8/27/2015 - Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Data Security Debit Cards Enforcement Actions Fraudulent Charges FTC FTC v Wyndham Hackers Section 5 Wyndham

New Guidance for Financial Institution Directors and Officers In Cybersecurity Preparedness

Earlier this summer, the Federal Financial Institutions Examination Council (FFIEC) released its highly anticipated Cybersecurity Assessment Tool (Assessment), which is designed to assist financial institutions in identifying...more

8/26/2015 - ATMs Banking Sector Banks Caremark claim Cloud Computing Compliance Credit Cards Cyber Attacks Cyber Crimes Cybersecurity Data Breach Data Protection Data Security Debit Cards FFIEC Financial Institutions Hackers Internet Service Providers (ISPs) Mobile Payments NCUA NIST OCC Regulatory Standards Risk Management

EU/Swiss-U.S. Safe Harbor: More Scrutiny by the FTC?

On May 29, 2015, the Federal Trade Commission ("FTC") announced the approval of the final orders for two U.S. companies, TES Franchising, LLC ("TES") and American International Mailing, Inc. ("AIM"), settling complaints that...more

6/22/2015 - Arbitration Binding Corporate Rules Compliance Data Protection Dispute Resolution EU FTC Germany International Data Transfers Mediation Safe Harbors Section 5 Switzerland U.S. Commerce Department UK Unfair or Deceptive Trade Practices

FTC Assesses $800,000 Fine Against Mobile App Operator and Issues Mobile Privacy and Security Guidance

The Federal Trade Commission has emphasized in the past that general privacy protections in the website space apply equally to mobile services, but a new FTC Staff Report released on Friday hones in on some privacy...more

2/11/2013 - Address Book App Developers COPPA Data Collection Data Protection FTC Mobile Apps Notice Requirements Parental Consent Path Inc. Personally Identifiable Information Privacy Policy Settlement Social Networks Transparency

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