Privacy Updates

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White House Releases Draft Consumer Privacy Bill of Rights

Friday, the Obama Administration released a draft Consumer Privacy Bill of Rights Act, aimed at establishing baseline protections for individual privacy in the commercial world. If enacted, the bill would preempt state law...more

UPDATE: German Government Proposes New Law Entitling Consumer Protection Organizations to Enforce Data Protection Law

As a general rule, court actions on data protection breaches are an exemption. As reported in our Newsflashes in March 2014 and August 2014 the German government is planning to encourage court actions against breaches of data...more

New California Committee on Privacy Introduces Legislation To Address Emerging Issues

As new technology creates increased possibilities for surveillance — including drones, body-worn cameras, automated license plate readers, red light cameras and even potentially your television – the California Legislature is...more

Ontario Court of Appeal Allows Privacy Tort in Medical Records Context

A recent decision of the Ontario Court of Appeal has clarified the scope of the tort of “intrusion upon seclusion” first recognized by the same court in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action...more

Executive order "promoting private sector cybersecurity information sharing": top points

In conjunction with the recent White House Summit on Cybersecurity and Consumer Protection Summit, President Barack Obama has issued a much-anticipated cybersecurity information sharing Executive Order, "Promoting Private...more

China to Implement New Personal Data Protection Rules

Effective March 15, 2015, China’s State Administration for Industry and Commerce (SAIC) will implement the new Measures for Penalties for Infringing upon the Rights and Interests of Consumers (Measures). The Measures clarify...more

Article 29 Working Party issues its Cookie Sweep Combined Analysis - Report

On 3 February, the Article 29 Data Protection Working Party published its ‘Cookie Sweep Combined Analysis – Report’. The sweep was undertaken by the WP29 in partnership with eight of the European data protection regulators,...more

“Bring Your Own Device” To Work Programs: Regulatory and Legal Risks and How To Minimize Them

If you’ve ever left your mobile phone on an airplane, in a restaurant, or somewhere other than in your possession, you know it’s frightening enough to think of losing the device itself, which costs a premium, as well as your...more

Two-Factor Authentication May Be Coming to a Bank Near You

When I was at the SEC and online broker-dealers’ customers were the victims of hacking incidents, I used to wonder, why don’t the broker-dealers require multi-factor authentication to gain access to accounts? It was a silly...more

FTC Director Jessica Rich Discusses Privacy and Data Security at BakerHostetler Symposium

On February 26, 2015, Jessica L. Rich, Director of the Bureau of Consumer Protection at the Federal Trade Commission, spoke at the BakerHostetler Symposium on Section 5 of the FTC Act on how the FTC approaches privacy and...more

Developments in Privacy and Cybersecurity Legislation

On January 13, 2015, the Obama Administration presented to Congress an updated legislative proposal to improve American cybersecurity and data privacy protection....more

Google to be inspected by Italian privacy regulator

At the end of last week, the Italian privacy regulator reported the news on the approval of an arrangement with Google enabling the Italian DPA – for the first time in Europe – to regularly monitor the implementation by...more

Defending Enforcement Under CASL: Compliance with Informational Formalities

In 2014, the anti-spam provisions of Canada’s Anti-Spam Legislation (CASL) came into force, creating a wide array of compliance requirements for businesses. CASL prohibits a person from sending or causing or permitting to be...more

Drone on Drones: Berkeley Issues Moratorium on Law Enforcement Use of Drones

The Berkeley City Council approved a proposal by the City’s Peace and Justice Commission this week to impose a moratorium on drones within city limits. The one-year moratorium, which applies only to the Berkeley Police...more

Smart Car Legislation Suggests Different Approach To Internet Of Things Regulation

On February 11, Senators Ed Markey (D-Mass.) and Richard Blumenthal (D-Conn.) announced legislation aimed at establishing federal data security and privacy standards for Internet-connected automobiles (“smart cars”). This...more

What General Counsel Need To Know About The Latest Cybersecurity Developments

In the wake of reported security breaches at a number of significant financial institutions, cybersecurity is garnering more attention and concern than ever before — both within the financial services industry and among...more

UK Information Commissioner’s Office (ICO) Receives Power to Audit National Health Service

The ICO has welcomed a change in legislation which came into effect on 1 February 2015 enabling it to audit National Health Service (NHS) bodies to check for compliance with the UK Data Protection Act 1998. ...more

Legislation To Increase Sharing Of Cyber Data Introduced

On February 11, Senator Tom Carper (D-Del.), Ranking Member of the Senate Homeland Security and Governmental Affairs Committee, introduced legislation aimed at increasing the sharing of cyber threat data between the federal...more

President Obama Issues Executive Order Urging Companies to Share Cybersecurity Threat Data

Speaking at the White House’s Summit on Cybersecurity and Consumer Protection at Stanford University this month, President Obama announced that an Executive Order was signed on February 13, urging private sector companies to...more

Current UK Thinking on Cybersecurity

2014 contained a series of high profile data breaches, including the recent Sony breach in relation to the Hollywood film release of The Interview. It is expected that globally 2015 will focus further on fighting privacy and...more

Busting the top privacy myths

Those who think that privacy is dead these days might want to drop by the Walter Washington Convention Center in early March, for the International Association of Privacy Professionals’ Global Privacy Summit in Washington,...more

Cybersecurity Issues Receiving Attention at Highest Level in the U.S.

The Obama Administration could not be more clear that cybersecurity issues will continue to receive priority attention at the highest levels of government. ...more

NIST, White House Continue Efforts to Enhance Cybersecurity Awareness and Protections

The National Institute of Standards and Technology (NIST) and the White House continue efforts to improve private sector security and increase sharing of information about potential cybersecurity threats. ...more

Boom or Bust? Cyber Security and Data Breach Loss in Latin America

Every day in the news we are assaulted by reports of cyber security and data breaches of industry giants, major retailers and financial conglomerates that compromise the privacy and security of millions. In the wake of such...more

Federal Court Decision Demonstrates Ongoing Challenges Faced by Plaintiffs in Data Breach Litigation

On February 11, 2015, the U.S. District Court for the Southern District of Texas dismissed a class action complaint against the St. Joseph Health System arising out of a data security breach that occurred after hackers...more

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