Elections & Politics Privacy

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Identity Management: Push to Adopt Legislation Heats Up

Businesses and governments are beginning to recognize the critical importance of online identity management, as previously reported, and as a result we are starting to see a strong push for legislation governing this topic....more

California Bill Requiring Mobile, Cloud Search Warrants Advances

On July 14, 2015, the California Electronic Communications Privacy Act (“Cal-ECPA”) unanimously passed the California State Assembly’s public safety committee. The bill would forbid warrantless cellular “stingrays” as well...more

New FCC rules restricting robocalls have pollsters up in arms

The 2016 election cycle will occur under the framework of a new set of rules recently adopted by the Federal Communication Commission that strengthen consumer protections against unwanted calls and spam texts. The FCC claims...more

Federal Data Breach Bill Stalled in Congress

A key distinguishing feature of U.S. data privacy laws is their patchwork nature. There are industry-specific data privacy laws at the federal level (think HIPAA or the GLBA), yet there are no comprehensive federal standards...more

Oregon Amends Data Breach Law — Companies Can Expect More Enforcement Actions

Oregon Gov. Kate Brown recently signed into law amendments to the state’s data breach law. These amendments recognize the growing definition of data, expand the role of the Attorney General in addressing data breaches,...more

White House Provides Update on 2015 Cybersecurity Initiatives

On July 9, the White House released a fact sheet regarding the Administration’s 2015 cybersecurity efforts “both domestic and international, to improve our cyber defenses, enhance our response capabilities, and upgrade our...more

State Breach Notification Laws – Updates From the 2015 Legislative Sessions, 6 Action Steps for Companies

This is proving to be a banner year for new breach notice requirements. In the period between 2006 and 2009, most US states enacted data breach notice laws. This year, we are seeing a wave of “second-generation” breach notice...more

State Attorneys General Ask Congress Not To Preempt Breach Notification Laws

In the wake of recent, large-scale data breaches, several pieces of legislation have been introduced in Congress to establish a national data breach notification law, including a House bill that would preempt the current...more

White House Releases Proposed Precision Medicine Initiative Privacy Framework

Earlier this year, President Obama launched a high-profile “Precision Medicine Initiative” (PMI) to develop treatments, diagnostics, and prevention strategies tailored to the individual genetic characteristics of each...more

Connecticut Updates its Data Security Laws, Imposing Stringent New Requirements

On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard...more

Rand Paul And The Expiration Of The Patriot Act

During the last weekend in May, Kentucky Senator Rand Paul did something that is not easy to do – he managed to anger most Republicans and Democrats, the Senate Majority Leader (who is also the senior senator from Kentucky),...more

A significant milestone in the path towards the adoption of the General Data Protection Regulation

On 15 June 2015, the Ministers of the Council of the European Union (the "Council") agreed upon a global approach to the European Commission's proposal for a Regulation of the European Parliament and of the Council on the...more

NAAG Urging Congress to Refrain From Passing Federal Data Breach Legislation Preempting State Authority

On July 7, as Congress considers proposed legislation on data breach notification and security, the National Association of Attorneys General (NAAG) sent a letter to leaders of both houses of Congress urging them to refrain...more

State Attorneys General Tell Congress: “Back-Off Our Data Breach Authority”

Every week, we learn about new data breaches affecting consumers across the country. Federal government workers and retirees recently received the unsettling news that a breach compromised their personal information,...more

47 Attorneys General to Congress: Federal Breach Legislation Should Not Preempt the States

On July 7, 2015, attorneys general from 47 states and territories sent a letter to Congressional leaders urging them to consider federal data breach notification legislation that does not preempt the states. The move comes on...more

July Congressional Agenda

After a weekend of fireworks, parades, and apple pie, Congress returns from the Independence Day recess this week with the Senate scheduled to be in session for five weeks and the House of Representatives in session for four...more

Federal Cybersecurity Legislation Moving Quickly, But Is It In the Wrong Direction?

Federal cybersecurity legislation seeking to establish a national standard for data protection and breach response is quickly working its way through the legislative process. The bipartisan bill, formerly known as the Data...more

Another Bill to Expand the Wire Act: Bad Law Clothed in a Lie

This past week’s focus on the presence of the Confederate battle flag on the grounds of the South Carolina capitol (and elsewhere) brought back to the fore the specter of “states’ rights” – the seemingly high-minded excuse...more

Connecticut Governor Signs Cybersecurity Study Act

Wednesday, Connecticut Governor Dannel Malloy signed Special Act No. 15-13, effective immediately, which requires the Connecticut Department of Administrative Services, in consultation with the Department of Emergency...more

The War Against Cyber Threats: President Obama Ups the Ante

Focusing on overseas cyber threats, President Obama issued an Executive Order on April 1, 2015, which grants authorization to impose sanctions on individuals and entities engaged "in malicious cyber-enabled activities that...more

Canada Moves Forward with Mandatory Federal Security Breach Notification Law

On June 18, 2015, the Canadian Minister of Industry announced that the Digital Privacy Act, which amends Canada’s foundational Personal Information Protection and Electronic Documents Act (PIPEDA), has received royal assent...more

Oregon Expands Data Breach Law

The modified law will expand the definition of personal information to include medical information and physical characteristics, and require notification to the state Attorney General. Businesses with customers in Oregon...more

Significant Amendments to COPPA Proposed in Do Not Track Kids Act

Reigniting their previous bipartisan attempts to amend the Children’s Online Privacy Protection Act (COPPA) and add greater privacy protections for children and younger teens, U.S. Senator Edward Markey (D-Mass.) and Rep. Joe...more

Legislative Alert: Bill S-4, an Act to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) passed...

On June 18, 2015, Bill S-4, the Digital Privacy Act was passed by Canada’s House of Commons vote. Bill S-4 was previously passed by Canada’s Senate. The Digital Privacy Act includes important amendments to the Personal...more

Trendsetter or Outlier? Oregon Adds New Twist to Password Protection Laws

Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in...more

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