Science, Computers & Technology Privacy Elections & Politics

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U.S. Senate Judiciary Committee Holds Hearing On FISA

On Tuesday, May 10, the Senate Committee on the Judiciary (the “Judiciary Committee”) held a hearing titled “Oversight and Reauthorization of the FISA Amendments Act: The Balance between National Security, Privacy and Civil...more

Tennessee’s Data-Breach Notice Requirements Among the Nation’s Toughest

On July 1, 2016, Tennessee’s new notice requirements for breaches of data security systems which compromise an individual’s personal information will take effect. The amendments to Tennessee’s current rules, found at T.C.A....more

FDIC reports five “major” data incidents to Congress

The Federal Deposit Insurance Corporation (FDIC) reported on Monday, May 16, 2016, that it had experienced five “major incidents” involving the disclosure of taxpayers’ personal information since the last incident we reported...more

Senate Judiciary Committee Holds Hearing to Discuss FCC’s Proposed Privacy Rules

On May 11, the Subcommittee on Privacy, Technology and the Law of the Senate Judiciary Committee held a hearing titled “Examining the Proposed FCC Privacy Rules.” Present at the hearing were witnesses FCC Chairman Thomas...more

Reworked EU-U.S. Privacy Shield Still Undergoing Growing Pains

When the European Union’s highest court issued its October 2015 ruling striking down the U.S.-EU Safe Harbor framework, shock waves rippled on both sides of the Atlantic. For thousands of U.S. companies handling the...more

Tennessee Enacts Changes to Data Breach Statute

Businesses in the State of Tennessee should take note of several significant changes to Tennessee's data breach statute that take effect for data breaches occurring on or after July 1, 2016. Currently, Tennessee Code...more

Come Back With a Warrant: Proposed Rule Change Expands the Government’s Ability to Access Electronically Stored Information in...

On April 28, 2016 the United States Supreme Court proposed a modification to Federal Rule of Criminal Procedure 41 that significantly alters the manner in which the government can obtain search warrants to access computer...more

Cybersecurity, Boards and Cyber-Board "Experts": Caution Should Rule

A continuing frequent question from public companies is how a board should be constituted to oversee cybersecurity. Many public companies foist this additional burden on the audit committee. Those large enough to have a...more

First Circuit and FTC Address Definitions of “PII,” While Michigan Amends Privacy Law to Remove Statutory Damages

On April 29, 2016, the U.S. Court of Appeals for the First Circuit handed down its widely anticipated opinion in Yershov v. Gannett Satellite Information Network, Inc., in which it expanded the reach of the Video Privacy...more

House Caucus Formed To Protect The Security Of Cars

On April 28, 2016, four members of the U.S. House of Representatives launched a bipartisan caucus dedicated to addressing security and safety concerns raised by new innovation in connected and autonomous vehicles (or...more

Bipartisan House Bill Would Elevate Chief Information Security Officer At HHS

On April 26, 2016, House Representatives Billy Long (R-MO) and Doris Matsui (D-CA) introduced the HHS Data Protection Act, legislation aimed at improving cybersecurity at the Department of Health and Human Services (“HHS”). ...more

Canada's PIPEDA: consultation opportunity for data breach reporting regulations

The Canadian government continues to move forward with the regulation development process relating to data breach reporting....more

EU General Data Protection Regulation published - will you be ready by 5/25/2018?

Today, May 4, 2016, the General Data Protection Regulation (GDPR) was published in the Official Journal of the European Union. This means you now have until May 25, 2018 to ensure your data processing activities comply with...more

Turkish Parliament Enacts New Data Protection Law

In a step toward its accession to the EU, Turkey has enacted its first comprehensive Data Protection Law. The law was passed by the Turkish Parliament 24 March and published in the Official Gazette 7 April....more

Nebraska Amends Data Breach Notification Law

On April 13, 2016, Nebraska’s breach notification statute was amended when Governor Pete Ricketts signed LB835 into law. The Amendment included a variety of changes, including a regulator notification requirement and...more

Indiana Governor announces formation of Indiana Executive Council on Cybersecurity

Indiana Governor Mike Pence announced last week the formation of the Indiana Executive Council on Cybersecurity through an Executive Order. The Council, comprised of 23 members from public and private organizations, is...more

Nebraska Amends Its Data Breach Notification Statute

Since the beginning of 2015, numerous states have amended their data breach notification statutes to include expanded definitions of personal information, clarifications on encryption standards, and new notice content and...more

House Committee examines student data privacy concerns

The House Committee on Education and the Workforce recently held a hearing to evaluate federal policies affecting education research and student privacy. At issue is whether and how Congress will update the 1974 Family...more

Health Law Insights Newsletter - Issue 8 - April 2016

McCarter & English, LLP’s Health Care Group presents Issue 8 of the Health Law Insights, which discusses the latest legal issues in the health care industry. NATIONAL - New Payment Model for Part B Drugs Proposed -...more

Senators Release Draft Of Bill To Require Technology Companies To Assist Law Enforcement With Access To Encrypted Data

On April 13, 2016, Senate Intelligence Committee Chairman Richard Burr (R-NC) and Vice Chairwoman Dianne Feinstein (D-CA) released a new draft of a bill that would effectively prohibit unbreakable encryption and require...more

Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more

Nebraska Makes Changes to Data Breach Statute

Nebraska Governor Pete Ricketts has signed LB835 into law, updating the state’s data breach notification statute. The changes take effect on July 20, 2016. With the updates, Nebraska joins a growing number of states...more

Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

Recent Amendments to the Russian Personal Data Protection Legislation: The Right to be Forgotten

On July 13, 2015, the Russian President signed Federal Law No. 264-FZ (the Law), which introduced a range of amendments into Russian legislation (the Amendments). In particular, the principle of the “right to be forgotten”, a...more

The President Agrees: Cybersecurity Must Include Your Car

For those of us who watch the automotive industry, the most interesting name on the list of appointees to President Barack Obama’s Commission on Enhancing National Cybersecurity was Joe Sullivan. Why Mr. Sullivan? Because he...more

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