X Agrees to Stop Processing EU Data to Train its Grok AI -
Ireland’s Data Protection Commission (“DPC”) recently filed an urgent High Court application against X (formerly Twitter) for using the personal data of European...more
9/13/2024
/ Artificial Intelligence ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
Fines ,
Ireland ,
Liability ,
Personal Data ,
Sensitive Personal Information ,
Twitter ,
Uber
New BIPA Ruling: Dismissal of Claims Against Samsung Over its Face App Data -
On July 24, 2024, a federal judge in Illinois dismissed the case GT v. Samsung Electronics America, Inc., in which a putative class of Samsung...more
8/19/2024
/ Biometric Information Privacy Act ,
Data Protection ,
Enforcement ,
European Commission ,
European Parliament ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Illinois ,
Information Commissioner's Office (ICO) ,
Informed Consent ,
Minor Children ,
Personal Information ,
Settlement ,
Social Media ,
State Data Privacy Laws ,
Tracking Systems ,
UK
U.S. Court Axes Most of SEC's SolarWinds Data Breach Suit -
The U.S. District Court for the Southern District of New York recently dismissed much of the U.S. Securities and Exchange Commission’s (“SEC”) suit against...more
8/2/2024
/ Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
COPPA ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Dismissals ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Instant Messaging Apps ,
Misleading Statements ,
Regulation Technical Standards (RTS) ,
Risk Assessment ,
ROSCA ,
Securities and Exchange Commission (SEC) ,
Settlement ,
SolarWinds
CFPB Director Chopra Emphasizes “Pressing Need” for Data Protections -
On June 12, 2024 and June 13, 2024, Consumer Financial Protection Bureau Director Rohit Chopra appeared before the Senate Banking Committee and the...more
7/1/2024
/ Breach Notification Rule ,
Consumer Financial Protection Bureau (CFPB) ,
Court of Justice of the European Union (CJEU) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Multi-Factor Authentication ,
Personal Data ,
Securities and Exchange Commission (SEC) ,
Settlement ,
State Privacy Laws ,
UK GDPR ,
Vermont
SEC Fines the New York Stock Exchange’s Parent Company $10 million for Failure to Promptly Notify Its Subsidiaries of Cybersecurity Breach -
On May 22, 2024, the Securities and Exchange Commission (“SEC”) imposed a $10...more
6/14/2024
/ Annual Reports ,
Artificial Intelligence ,
Breach Notification Rule ,
Colorado ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Information Commissioner's Office (ICO) ,
Machine Learning ,
New Legislation ,
NYSE ,
Popular ,
Securities and Exchange Commission (SEC) ,
UK
April 2024 On April 4, 2024, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) published a 447-page Notice of Proposed Rulemaking (“Proposed Rules”) in accordance with the...more
4/19/2024
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Critical Infrastructure Sectors ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Machine Learning ,
OMB ,
Online Safety for Children ,
Privacy Laws ,
Proposed Rules ,
Reporting Requirements ,
UK ,
Voluntary Compliance
European Parliament Approves EU AI Act -
On March 13, 2024, the European Parliament approved the EU Artificial Intelligence Act (“AI Act”). A first of its kind legal framework for AI, the AI Act has extraterritorial effect,...more
3/29/2024
/ Appeals ,
Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity Framework ,
Data Brokers ,
Data Collection ,
European Parliament ,
Federal Trade Commission (FTC) ,
Foreign Adversaries ,
General Data Protection Regulation (GDPR) ,
Popular ,
Sensitive Personal Information ,
Strategic Planning ,
Transparency
Biden Administration Issues Executive Order Restricting Bulk Transfers of U.S. Citizens' Personal Data to “Countries of Concern” -
On February 28, 2024, President Biden issued an Executive Order (“EO”) to address the...more
3/15/2024
/ Biden Administration ,
California ,
Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
Data Selling ,
Employee Monitoring ,
Executive Orders ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
High-Risk Countries ,
NIST ,
Opt-Outs ,
Personal Data ,
Sensitive Personal Information ,
UK
FTC Proposes New Protections to Guard Against AI Impersonations of Individuals -
Amidst growing concerns that emerging technology—including AI-generated deepfakes—threaten to increase the prevalence of impersonation fraud,...more
3/1/2024
/ Anti-Terrorism Financing ,
Artificial Intelligence ,
Cybersecurity ,
Deep Fake ,
EU ,
European Convention on Human Rights ,
Federal Trade Commission (FTC) ,
Human Rights ,
Russia ,
Securities and Exchange Commission (SEC) ,
Terms of Service
FTC Announces Proposed Settlement with Software Provider to Settle Allegations that its Inadequate Security Safeguards Led to Cyberattack -
On February 1, 2024, the Federal Trade Commission (“FTC”) announced a proposed...more
FTC Announces Proposed Settlement with Data Aggregator over its Alleged Selling of Precise Location Data -
The Federal Trade Commission (“FTC”), on January 18, 2024, announced a proposed settlement with InMarket Media...more
FTC Settles with Rite Aid on its Use of AI and Processing of Biometric Information -
The Federal Trade Commission (“FTC”), on December 19, 2023, announced that it had reached a settlement with Rite Aid Corporation (“Rite...more
1/19/2024
/ Artificial Intelligence ,
Biometric Information ,
COPPA ,
Data Brokers ,
Data Retention ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
FTC Act ,
Inventors ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-In ,
Patents ,
Rite Aid ,
Sensitive Personal Information ,
Settlement ,
UK
As we begin the new year, we offer this special edition with predictions for 2024 from members of the Cyber Bits Partner Committee. Regardless of what happens in 2024, we renew our commitment to keep you informed of the...more
1/8/2024
/ Artificial Intelligence ,
Biometric Information ,
China ,
Consumer Privacy Rights ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement ,
EU ,
Facial Recognition Technology ,
Machine Learning ,
Popular ,
Regulation S-P ,
Risk Management ,
Securities and Exchange Commission (SEC)
EU AI Act: Political Agreement Reached on Terms of Landmark Legislation -
Negotiators for the European Council and the European Parliament have reached political agreement on the provisions of the EU Artificial...more
12/15/2023
/ Artificial Intelligence ,
California Privacy Protection Agency (CPPA) ,
Compliance ,
Cookies ,
Court of Justice of the European Union (CJEU) ,
EU ,
Federal Trade Commission (FTC) ,
Fines ,
General Data Protection Regulation (GDPR) ,
Neglect ,
New Legislation ,
UK
The Biden Administration Issues Executive Order on Artificial Intelligence -
On October 30, 2023, President Biden signed an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (the “Order”)...more
11/17/2023
/ Artificial Intelligence ,
Biden Administration ,
Chief Information Security Officer (CISO) ,
Cyber Crimes ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
NYDFS ,
Ransomware ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
SolarWinds
What is in store for Privacy and Cybersecurity in 2023 -
As the year ends, we offer this special edition with predictions for 2023 from each member of the Cyber Bits Partner Committee. Regardless of what happens in 2023, we...more
12/30/2022
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Cyber Attacks ,
Cybersecurity ,
Disclosure Requirements ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Infrastructure ,
Investment Adviser ,
Popular ,
Privacy Laws ,
Privacy Legislation ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
State Data Breach Notification Statutes ,
UK ,
Whistleblowers
EU Parliament Adopts Amended Digital Services Act by a Wide Margin -
On January 21, 2022, the members of the EU Parliament approved by a large majority (77%) an amended draft of the Digital Services Act (“DSA”)....more
2/11/2022
/ Cloud Service Providers (CSPs) ,
Cybersecurity ,
Digital Service Providers ,
Digital Services ,
EU ,
Facial Recognition Technology ,
Financial Institutions ,
Google ,
Income Taxes ,
Internet ,
IRS ,
Online Platforms ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Tracking Systems ,
Unfair or Deceptive Trade Practices
On January 12, 2022, the French data protection authority (“CNIL“) published guidance on the reuse of personal data by processors for their own purposes (the “Guidance”)....more
1/28/2022
/ CNIL ,
Data Breach ,
Data Management ,
Data Processors ,
Data Protection ,
EU ,
FCC ,
France ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Privacy Laws ,
Regulatory Reform ,
Regulatory Standards
Few things are certain, but it is indisputable that in 2022 data will remain big; data driven technologies will create unparalleled opportunity and risk; the frequency and sophistication of cyberattacks will shatter...more
1/7/2022
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Loss Prevention ,
Data Privacy ,
Data Protection ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Hackers ,
International Data Transfers ,
Machine Learning ,
Popular ,
Ransomware ,
Regulatory Agenda ,
Section 5
The German antitrust authority (FCO) has ordered Facebook to stop collecting data outside Facebook’s platform without the user’s “voluntary consent.” The decision breaks new ground because it links data protection and...more
2/8/2019
/ Abuse of Dominance ,
Antitrust Investigations ,
Antitrust Violations ,
Competition Authorities ,
Data Collection ,
Data Protection ,
Facebook ,
Federal Cartel Office (the FCO) ,
General Data Protection Regulation (GDPR) ,
Germany ,
Instagram ,
Monopolization ,
Prior Express Consent ,
WhatsApp ,
Without Consent
In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more
7/18/2018
/ Carpenter v US ,
Cell Phones ,
Cell Site Location Information (CSLI) ,
Criminal Convictions ,
Electronic Records ,
Electronically Stored Information ,
Exigent Circumstances ,
Fourth Amendment ,
Geolocation ,
Location Data ,
Probable Cause ,
Reasonable Expectation of Privacy ,
Remand ,
Reversal ,
SCOTUS ,
Third-Party ,
Warrantless Searches
The CLOUD Act resolves the central issue in United States v. Microsoft — U.S. law enforcement agencies now have explicit legal authority to obtain electronic data from U.S. cloud and communication companies regardless of...more
4/16/2018
/ CLOUD Act ,
Cloud Service Providers (CSPs) ,
Cloud Storage ,
Criminal Investigations ,
Data Privacy ,
Electronic Communications ,
Electronically Stored Information ,
Extraterritoriality Rules ,
Foreign Governments ,
General Data Protection Regulation (GDPR) ,
International Litigation ,
Law Enforcement ,
Motions to Quash ,
New Legislation ,
Search Warrant ,
Stored Communications Act ,
Subpoenas ,
US v Microsoft
In Google LLC v. Equustek Solutions Inc.,1 a United States district court enjoined the enforcement of an order by the Supreme Court of Canada that directed Google to remove content from Google search results. The Canadian...more
11/20/2017
/ Collusion ,
Communications Decency Act ,
Declaratory Rulings ,
EU ,
Extraterritoriality Rules ,
False Advertising ,
Foreign Judgments ,
Google ,
Imminent Harm ,
International Litigation ,
Internet ,
Post-Judgment Enforcement Actions ,
Preliminary Injunctions ,
Right to Be Forgotten ,
Search Engines ,
Section 230 ,
Supreme Court of Canada ,
Trade Secrets
On remand from the Supreme Court, the U.S. Court of Appeals for the Ninth Circuit has held for the second time that the plaintiff in Robins v. Spokeo, Inc. has standing to proceed in federal court with claims under the Fair...more
8/29/2017
/ Appeals ,
Article III ,
Congressional Intent ,
Data Privacy ,
Determination on Remand ,
Fair Credit Reporting Act (FCRA) ,
False Reporting ,
Future Harm ,
Injury-in-Fact ,
Job Applicants ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
Statutory Rights
The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) released a National Examination Program Risk Alert (Risk Alert) on August 7, 2017 regarding observations from...more
8/22/2017
/ Best Practices ,
Broker-Dealer ,
Corporate Governance ,
Cybersecurity ,
Data Loss Prevention ,
Incident Response Plans ,
Internal Controls ,
Investment Adviser ,
Investment Companies ,
OCIE ,
Regulation S-P ,
Right of Access ,
Risk Alert ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Training Requirements ,
Vendors