Privacy Elections & Politics

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Health Care E-Note - Februaury 2017

Ransomware: A Reportable Breach? In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical...more

Make Cybersecurity Great Again? Cybersecurity Challenges — and Opportunities — for the Trump Administration

The Trump Administration has taken office at a time when cybersecurity has increasingly entered the public consciousness as a major challenge facing both the United States government and the business community. Cyberattacks...more

FDA Devices Center Issues Multiple Guidances in the Obama Administration’s Final Months

A flurry of regulatory activity preceded the transition in administration on January 20. Anticipating that the new administration would impose a regulatory slowdown, the Food and Drug Administration’s (FDA’s or the...more

Will European Privacy in the United States be Trumped?

In recent weeks there has been significant debate among commentators about whether Europeans’ privacy is becoming less protected in the US and what that may mean for the privacy protection arrangements between the EU and the...more

Supreme Court Nominee Neil Gorsuch on Data Privacy

Last month, the President announced his nomination of Judge Neil M. Gorsuch—a federal appeals court judge—to the Supreme Court. Gorsuch must still go through Senate confirmation hearings before officially becoming the ninth...more

Has Trump dumped privacy protections for EU citizens?

As President Trump settles into office, his administration has issued a flurry of executive orders aimed at reshaping the U.S. government. One order in particular may have a broader impact on global business than originally...more

Data Protection Law- A Broken Shield

Sweeping statements made in an Executive Order issued five days into the Trump administration have cast doubt on the legal status of the EU-US Privacy Shield and have caused at least one highly-placed EU politician to...more

Email Privacy Act Introduced With Bi-Partisan Support in the House

On January 9, 2017, lawmakers in the House re-introduced legislation, the Email Privacy Act, which, if enacted, would require the government to obtain a court-issued warrant to access electronic communications, including...more

The Top 5 International Data Privacy Issues for Employers in 2017

As employers catch their breaths after an action-packed 2016, they need to gear up for another turbulent year for international data privacy issues in 2017. The top five international data privacy issues follow....more

EU Data Protection Law Subjects U.S.-Based Companies to Potentially Substantial Penalties

On May 25, 2018 the European Union’s General Data Protection Regulation and Regulation on Privacy and Electronic Communications (the “ePR”) will go into full force and effect. That gives companies that do business in the EU,...more

Incident Response Plans: A Comparison of US Law, EU Law and Soon-To-Be EU Law

The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare....more

Executive Order Does Not End Privacy Shield, But Raises Questions

Among the executive orders signed by President Trump in his first week in office, the January 25, 2017 order entitled “Enhancing Public Safety in the Interior of the United States” appeared to remove the Privacy Act...more

What Will Trump’s Executive Order Do to U.S. Privacy Law and EU-U.S. Data Transfers?

On the third day of his presidency, President Trump signed an immigration-related executive order raising significant questions about the future of U.S. privacy law and EU-U.S. data transfers. The order, titled “Enhancing...more

Global Cybersecurity, Surveillance, and Privacy: The Obama Administration’s Conflicted Legacy

In the wake of Edward Snowden’s disclosures, the United States administration faced a daunting series of challenges on surveillance, cybersecurity, and privacy. Congress was reluctant to enact comprehensive legislation....more

Ajit Pai and the FCC’s Role in ISP Privacy Regulation under President Trump

On January 23, 2017, President Donald Trump named Ajit Pai as Chairman of the Federal Communications Commission (FCC). In his previous role as the senior Republican on the FCC under President Barack Obama, Mr. Pai was an...more

"Despite Aversion to Regulation, Trump May Expand Cybersecurity Efforts"

President Donald Trump’s statements to date on regulation in general and cybersecurity regulation in particular suggest a conflict between his desire to strengthen the country’s cybersecurity efforts and his general antipathy...more

Privacy Implications of President Trump’s Immigration Order

On Wednesday, January 25, President Donald J. Trump directed federal agencies, “to the extent consistent with applicable law,” to ensure that “their privacy policies exclude persons who are not U.S. citizens or lawful...more

SAMHSA Finalizes Its Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

Executive Summary - The Substance Abuse and Mental Health Services Administration (“SAMHSA”), an agency within the U.S. Department of Health and Human Services (“HHS”), recently finalized its changes to the...more

Trump’s New FCC Chairman Ajit Pai May Drain the TCPA Swamp

In one of his first official actions, newly elected President Donald Trump tapped Ajit Pai as the new chairman of the Federal Communications Commission (FCC), replacing outgoing chairman Tom Wheeler. Pai is a sharp critic of...more

Trump Executive Order Spooks Privacy Shield Adherents and Privacy Community

Data protection and privacy officials and interest groups across the globe produced a flurry of activity on social media this week. Countless tweets, blogs and articles have responded to President Trump’s executive order...more

Did Trump Just Kill Privacy Shield? Jonathan Armstrong Explains

Jonathan Armstrong and Leona Lewis discuss the impact that the Trump Administration can have on Privacy Shield. Privacy Shield is the agreement between the U.S. and the EU facilitates the international flow of data between...more

Trump’s Executive Order Does Not Impact U.S. Privacy Shield Commitments

Last Wednesday, President Trump signed an immigration-related Executive Order (EO) titled “Enhancing Public Safety in the Interior of the United States” that, among other things, removed the ability of federal agencies to...more

Will Trump’s Executive Order Impact Agreements Between the U.S. and EU on Cross-Border Data Transfers?

U.S. President Donald Trump signed an Executive Order on January 25, 2017, “Enhancing Public Safety in the Interior of the United States” that requires agencies “to the extent consistent with applicable law ... exclude...more

Parting Shot: Outgoing Administration Releases FinTech White Paper

On January 13, 2017, a week before the change in Administration, the Obama White House issued a white paper entitled “A Framework for FinTech” (“White Paper”). The White Paper highlights various financial technology...more

ML Strategies 2017 Outlook: Cybersecurity

Regardless of who won the presidential election, it was always expected that cybersecurity would continue to be a leading concern for business and government alike. As new cyber threats and the evolution of technology and the...more

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