Data Protection

News & Analysis as of

EU: Ryanair scrapes a win (but not using IP!)

The CJEU has ruled that database owners whose databases are not protected by copyright or the sui generis database right may rely on contractual terms and conditions to restrict access to and exploitation of their data. As a...more

Safeguarding Your Information Assets: Are You Prepared?

In view of the well-publicized data breaches in 2014 and the current renewed federal legislative focus on privacy and data security issues, we are highlighting some action items to safeguard your company’s information assets,...more

FTC Releases Extensive Report on the “Internet of Things”

On January 27, 2015, U.S. Federal Trade Commission (FTC) staff released an extensive report on the “Internet of Things” (IoT). The report, based in part on input the FTC received at its November 2013 workshop on the subject,...more

FTC Recommends Privacy and Security Best Practices for the "Internet of Things"

The Federal Trade Commission released a staff report on the Internet of Things, recommending ways companies can minimize the data they collect, suggesting specific steps to increase security of connected devices, and...more

Law360 Talks to Christopher Avery About New York’s Data Security Proposal

Last week we summarized the four must-know things regarding the New York Attorney General’s new data security proposal. Commentary still surrounds the proposal and has wide appeal. Christopher Avery offered the following...more

Cyber Risk as a Regulatory Issue: A Connecticut Regulator Shares Her Insights

Even at Sony, cyber security was a hot topic before Kim Jong-un took an interest in Seth Rogen’s oeuvre. In 2011, hackers gained access to the personal and financial information Sony had collected on more than 100 million...more

NY Attorney General To Propose Bill To Strengthen Cybersecurity

New York Attorney General Eric Schneiderman is proposing an "overhaul [of] New York's data security law [that would] require new and unprecedented safeguards for the personal data of consumers." The proposal would create new...more

2015 Trends: #9 Technology-enabled ethics and compliance is ready for takeoff

By every indication we are about to witness a dramatic leap in technology-enabled ethics and compliance. Tech Advancement in Key E&C Areas - Trends and our own client experiences are demonstrating that we are...more

Privacy Tuesday - January 2015

Good Tuesday – The East Coast prepares for Apocalypse (Sn)ow. In the meantime, here are three privacy-related tidbits for your day. Privacy Concerns Cause Scale Back of Release of HealthCare.gov Data - We...more

This Party is BYOD, Part One

The word you’re looking for is “ubiquity.” It describes the near-total assimilation of technology into every aspect of our lives. The words “cell phone” are falling by the wayside as the words “smart phone” take their place,...more

New York Will Consider Increasing Data Security Laws

New York’s Attorney General, Eric T. Schneiderman, plans to propose new data security legislation this year which, if enacted, could result in New York having one of the strongest data breach laws in the country....more

Popular Cybersecurity Reads on JD Supra

A reading recap of some of the most well-read Cybersecurity pieces on JD Supra in January, 2015 -- covering a broad range of legal and compliance issues, from cyber insurance to could computing to President Obama's...more

Dealing with High Risk Data

When people think of high risk data, most think of Personal Health Information and Personally Identifiable Information as it relates to HIPAA and the health care industry, but Steve Shebest’s very informative article “High...more

Navigating the Cyber Liability Storm - Part II

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

2015 State of the Union: Cyber, Data and Privacy Issues

President Obama's State of the Union address highlighted the importance of cybersecurity, data security and privacy to his 2015 agenda: "No foreign nation, no hacker, should be able to shut down our networks, steal our...more

President Calls on Congress to Pass Cybersecurity, Data Breach Bills; Congress Begins Action on the Issue

In his sixth State of the Union Address to Congress, President Obama again called on Congress to strengthen the nation’s cybersecurity laws and enact a federal standard for data security and breach notification. Speaking...more

#SOTU2015: Employment, Immigration, Cyber Safety, and Education in a New Era

On the evening of January 20, 2015, President Obama delivered his sixth State of the Union address in the chamber of the U.S. House of Representatives with Supreme Court justices, members of Congress, the president’s...more

UK: Data Protection - Information Tribunal rule on FOIA exemptions concerning the Tate Gallery and BP

The First-tier Tribunal (Information Rights) has considered whether the Tate Gallery was exempt from disclosing information concerning sponsorship and meeting minutes to BP under sections 41(1) and 43(2) of the Freedom of...more

Tips for Protecting Your Data

With the global economic cost of cybercrime totaling more than $400 billion per year and breaches affecting companies ranging from retailers (e.g. Target, Walmart and Staples) and restaurants (Dairy Queen and Jimmy John’s) to...more

Getting closer to the EU Data Protection Regulation?

After the Italian term, the Latvian Prime Minister, Mrs. Laimdota Straujuma, took over the rotating presidency of the Council of the European Union. The Prime Minister, during the debate before the European Parliament,...more

President Obama Unveils Plans About Cybersecurity

Written by Sydney White President Obama made a series of announcements on cybersecurity, data security, and privacy that will be incorporated into his State of the Union address tonight.  In conjunction with the...more

New York Attorney General Announces Proposal to Revamp State Data Security Laws

On January 15, 2015, New York Attorney General Eric Schneiderman indicated that he plans to propose legislation to update New York’s information security laws, including by revising the definition of “private information”...more

4 Things You Must Know About the New York Attorney General’s New Data Security Proposal

Fast on the heels of President Obama’s proposal to create a national data breach notification standard, yesterday, New York Attorney General, Eric Schneiderman announced that he will propose legislation that would...more

President Obama Proposes National Data Breach Law, Unveils New Consumer and Student Privacy Initiatives

On January 12 President Obama visited the Federal Trade Commission (“FTC”) where he unveiled several new data security and privacy initiatives, including proposed legislation to create a national data breach notification law...more

In with the New: 2015 Privacy, Advertising and Digital Media Predictions – Part III

Part III of our 2015 predictions series comes from Of Digital Interest editor and McDermott partner, Heather Sussman, who predicts that states will be active with privacy and data security legislation during 2015....more

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