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Contact-Tracing Apps: A Delicate Balancing Act of Workplace Safety and Privacy Rights

As the patchwork of state and local stay-at-home restrictions lighten, organizations are exploring safe return-to-work options, including the use of contact-tracing mobile apps for employees while on company premises.  Such a...more

FDA Proposes Updates To Premarket Cybersecurity Guidance For Medical Devices

The U.S. Food and Drug Administration (“FDA”) released updated draft guidelines on how medical device manufacturers should protect against data breaches and viruses prior to marketing their products. The new draft, once...more

California Enacts Law Requiring Female Representation on Boards

On September 30, 2018, California Governor Jerry Brown signed into law Senate Bill No. 826 (SB 826). SB 826 adds Sections 301.3 and 2115.5 to the California Corporations Code to require that a publicly held company with a...more

DHS Center To Defend Critical Infrastructure From Hacking

The Department of Homeland Security (“DHS”) will open a National Risk Management Center (the “Center”), which will focus on evaluating and defending U.S. critical infrastructure from cyberattacks and digital threats. DHS...more

European Data Protection Board Backs Ban On “Cookie Walls”

The European Data Protection Board (“EDPB”), established under the General Data Protection Regulation (“GDPR”), said in a statement that the use of so-called “cookie walls” should be prohibited under the proposed EU e-Privacy...more

Canada To Update Data Law To GDPR Standard As A Minimum

The EU General Data Protection Regulation (“GDPR”) came into force on May 25, 2018. With so much recent focus on preparing for and meeting this deadline, there is no doubt that companies will have breathed a sigh of relief to...more

FTC Announces Hearings On Consumer Protection And Competition

Beginning in September 2018 and continuing through January 2019, the Federal Trade Commission (“FTC”) will hold a series of up to 20 public hearings intended to inform its future policy approach to antitrust and consumer...more

House Committee Approves Four Bills To Strengthen Energy Infrastructure Cybersecurity

On May 9, 2018, the House Energy and Commerce Committee approved a series of legislative measures to further secure the U.S. energy infrastructure from cyberattacks. These bipartisan bills are designed to strengthen the...more

South Dakota And Alabama Last Two States To Enact Data Breach Laws

South Dakota and Alabama recently became the forty-ninth and fiftieth states, respectively, to enact data breach notification legislation, completing the nationwide patchwork quilt of state data breach laws....more

DHS Cybersecurity Reorganization Passed By House

On December 11, 2017, the House of Representatives passed the Cybersecurity and Infrastructure Security Agency Act, intended to centralize authority and responsibility for cybersecurity at the U.S. Department of Homeland...more

House Lawmakers Retreat From NIST Cyber Auditing Role In Proposed Bill

Members of the House of Representatives Science Committee modified a bill that would have made the National Institute of Standards and Technology (“NIST”) responsible for auditing federal agencies’ cybersecurity protections....more

11/16/2017  /  Audits , Cybersecurity , NIST

NIAC Warns That United States Is “Falling Short” Defending Critical Infrastructure; Recommends Eleven-Step Action Plan

The President’s National Infrastructure Advisory Council (“NIAC”) issued a draft report at the end of August assessing the U.S.’s cyber preparedness related to critical infrastructure. ...more

Energy Newsletter - September 2017

Managing Decommissioning Risks in Asian M&A Transactions - By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900...more

Hackers Target U.S. Power Plants, Including Kansas Nuclear Facility

According to a June 2017 joint report issued by the Department of Homeland Security (“DHS”) and the Federal Bureau of Investigation (“FBI”), hackers penetrated the computer networks of at least a dozen U.S. power plants...more

NSA Curbs Collection Of Americans’ Emails

The National Security Agency (“NSA”) announced that it will voluntarily stop collecting the email and text exchanges of American citizens with persons overseas that mention a target of NSA surveillance. Although the...more

Senate Committee Advances Cybersecurity Bill For Small Businesses

The U.S. Senate will soon consider legislation aimed at providing simplified resources to help small businesses protect themselves and their customers from cyber threats. The bill, entitled the MAIN STREET Cybersecurity Act...more

International Cybersecurity Accord Adopted By Major World Economies

The Group of 7, comprised of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States, adopted a non-binding agreement aimed at strengthening the cybersecurity and resiliency of the international...more

DHS Partners With States To Strengthen Election Cybersecurity Infrastructure

Last week, the National Association of Secretaries of State (“NASS”) appointed four secretaries of state to the Department of Homeland Security’s (“DHS”) Election Infrastructure Cybersecurity Working Group (“Working Group”). ...more

Location Data Poses Risks To Individual Privacy Says Irish Regulator

With the proliferation of location-based app services like traffic alerts and ride-sharing programs, the collection of consumers’ location information has exploded in recent years. It comes as no surprise, therefore, that...more

Criminal Mugshots Are Privacy-Protected Says Divided Sixth Circuit Panel

A deeply divided en banc panel of the U.S. Court of Appeals for the Sixth Circuit held that federal authorities can withhold criminal booking photos requested by the public pursuant to the Freedom of Information Act (“FOIA”)....more

First EU-wide cybersecurity regime set to enter force in August 2016 after final approval by European Parliament

The European Parliament gave final approval to the Network and Information Security Directive (“Directive”), the first-ever EU-wide cybersecurity standards, on July 6, 2016. The Directive seeks to improve the cybersecurity...more

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