Privacy Laws

News & Analysis as of

What Does the Introduction of Mandatory Data Breach Notification in Australia Mean for You?

Australia's Data Breach Bill amends the Privacy Act 1988 (Cth) ("Privacy Act") and requires private and public organisations regulated by the Privacy Act to notify affected individuals and the Australian Information...more

Key priorities of the Privacy Commissioner of Canada in 2017

The privacy law regime in Canada affects any organization whose business involves dealing with the personal information of Canadians. Canada’s main private sector privacy legislation is the federal Personal Information...more

HIPAA Checkup – How Good Are Your Policies and Procedures?

Although it is not a new requirement, it is important and therefore worth a reminder: HIPAA requires covered entities to establish and implement written policies and procedures that are consistent with its Privacy and...more

Global Privacy & Cybersecurity Update Vol. 13

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Proposed Amendments to New Zealand Privacy Law

The New Zealand Privacy Commissioner (Commissioner), John Edwards, recently released a report reviewing the Privacy Act 1993 (Act). The report recommends amendments to the Act as part of the overhaul of New Zealand privacy...more

Privacy and Information Security a Top Priority in California under Xavier Becerra

Governor Jerry Brown’s selection of Congressman Xavier Becerra to succeed (now Senator) Kamala Harris as the new Attorney General of California was a surprising move that brings into power in California a seasoned advocate of...more

Australia’s New Breach Notification Law Set to Take Effect February 2018

On February 13, 2017, the Australian Senate passed a bill establishing a mandatory requirement to notify the Privacy Commissioner and affected individuals of “eligible” data breaches. The Privacy Amendment (Notifiable Data...more

Australia Adopts New Data Breach Notification Legislation

On February 13, 2017 Australia became one more among nation states adopting data breach notification legislation. In recent House and Senate votes, the Australian Parliament amended the Privacy Act 1988, introducing mandatory...more

"Privacy & Cybersecurity Update - February 2017"

In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more

A (Howard) Stern Reminder on Taxpayer Information Confidentiality

Howard Stern fans are accustomed to hearing the satellite radio personality rant about the federal government. Now, in an unusual twist of fate, Stern and the federal government are on the same side of a lawsuit that...more

Australia Introduces Mandatory Data Breach Notification Scheme

On 13 February 2017, the Australian Senate passed into law the Privacy Amendment (Notifiable Data Breaches) Bill 2016. This law amends the primary privacy and data protection legislation in Australia, Privacy Act 1988 (Cth),...more

Going Mobile: Seven Key Considerations for Acquiring Mobile App Assets

As more industries look to capitalize on mobile platforms, and as smartphones and tablets increasingly become the “first screen” for customers, mobile apps will continue to play an integral role in connecting businesses with...more

Another Canadian Decision Reaches Outside Canada

This fascinating Ontario case deals with an Alberta-based individual who complained of certain material that was re-published on the website Globe24h.com based in Romania. The server that hosted the website was located in...more

Chairman Goodlatte Outlines Sweeping Agenda for House Judiciary Committee

With Washington undergoing a transformation the likes of which has not been seen in decades, House Judiciary Committee Chairman Bob Goodlatte recently outlined his committee’s priorities for the 115th Congress. Speaking at an...more

Cybercrime: New mandatory data breach reporting requirements

Australian businesses can no longer keep quiet about cyber security breaches, with Parliament passing laws mandating their disclosure. On 13 February 2017, the Senate passed the Privacy Amendment (Notifiable Data Breaches)...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

3 Class Actions, 3 Motions to Compel Arbitration, 1 Class Action Survives

The Ninth, Sixth, and Third Circuits all recently issued decisions about whether putative class or collective actions could proceed despite the existence of arbitration clauses. In two of those decisions, the courts found...more

Intellectual Property Bulletin - Winter 2017

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case

We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more

[Event] Who's in the Driver's Seat? What the Connected Car Shows Us About the Legal and Regulatory Issues of the Internet of...

The Internet of Things (IoT) is creating unprecedented opportunities and challenges – launching groundbreaking collaboration among disparate industries and generating insightful data from uncommon sources....more

The Swiss Privacy Shield Opens for Business on April 12

Beginning on April 12, 2017, U.S. organizations that are subject to the investigatory and enforcement powers of the FTC or the Department of Transportation will be able to self-certify to the newly adopted Swiss–U.S. Privacy...more

NIST’s Draft Update to Cybersecurity Framework Focuses on Third-Party Vendors and the Cost-Effectiveness of Cybersecurity Programs

On January 10, 2017, the National Institute of Standards and Technology (“NIST”) released a proposed update to its popular cybersecurity blueprint for organizations and businesses, known as the Framework for Improving...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

Qatar’s New Personal Data Privacy Law

At the end of last year, Qatar became the first Gulf state to enact a comprehensive privacy law. Until now, the many companies that market to consumers or have employees based in Gulf Cooperation Council (GCC) countries have...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

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Cybersecurity

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