CFIUS 2.0: ‘Sensitive Personal Data’ in the National Security Context

Arent Fox
Contact

Arent Fox

In recent years, the Committee on Foreign Investment in the United States (CFIUS) has taken a much stronger interest in the national security ramifications of sensitive data falling into the hands of foreign adversaries, including the sensitive personal data of American citizens.

To better address those concerns and others, Congress gave CFIUS some significant new tools and authorities in 2018 when it enacted the Foreign Investment Risk Review Modernization Act (FIRRMA), modernizing CFIUS’s processes and expanding its jurisdiction to cover so-called non-passive, non-controlling investments in US companies in three focal areas: critical technologies, critical infrastructure, and sensitive personal data. These are minority-position investments, including venture capital and other private equity transactions, through which a foreign person could obtain certain types of governance or information rights with the US company.

Who Should Be Paying Attention to This?

Developments in this area could impact a wide array of US industries that collect or maintain the personal data of Americans and that seek investment from sources that CFIUS might consider to be foreign persons. This could include certain types of companies in the following sectors and areas, just to name a few: financial services, insurance, health care, genetic research and testing, hospitality, travel and tourism, transportation, retail, social media, software, and technology.

Just How Far Will CFIUS Reach Into the Realm of Sensitive Personal Data?

Of the three areas of new CFIUS jurisdiction for minority-position investments, arguably the most novel and potentially far-reaching is transactions involving sensitive personal data. This new type of CFIUS jurisdiction was added to FIRRMA very late in the legislative process, after negotiators from the House of Representatives requested its inclusion. And, it has the potential to significantly alter the investment landscape for data-centric businesses that are seeking capital.

At present, the Treasury Department and other CFIUS member agencies are busy drafting the complex implementing regulations for FIRRMA, carrying out its various mandates and setting the exact scope of CFIUS’s expanded jurisdiction. They have until March of next year to finalize and promulgate those (though CFIUS began test-driving its new authorities late last year). For many years, CFIUS has had the jurisdiction to review “control” transactions (i.e., mergers and acquisitions) involving sensitive personal data, but the new regulations could affect how it analyzes those types of transactions as well.

FIRRMA provided no definition whatsoever for “sensitive personal data,” making it difficult to predict just how broadly or narrowly CFIUS might scope this key jurisdictional term. That is in stark contrast to the new law’s treatment of the two other areas where it expanded CFIUS’s jurisdiction over minority-position investments. FIRRMA laid out at least a basic definition of “critical infrastructure,” as well as a highly detailed definition of “critical technologies.”

What Sort of National Security Risks Was Congress Worried About with Sensitive Personal Data?

Congress stated its concerns regarding sensitive personal data very clearly in FIRRMA (albeit in nonbinding, prefatory language), urging CFIUS to examine the extent to which investments are “likely to expose, either directly or indirectly, personally identifiable information, genetic information, or other sensitive data of United States citizens to access by a foreign government or foreign person that may exploit that information in a manner that threatens national security”.

This helps explain Congress’s rationale for expanding CFIUS’s jurisdiction in this new area, which covers investments by foreign persons in any US company that “maintains or collects sensitive personal data of United States citizens that may be exploited in a manner that threatens national security.” Importantly, only transactions with certain features will trigger this new CFIUS jurisdiction, specifically investments that afford a foreign person: (1) a seat on the US company’s board of directors, the right to observe board meetings, or the right to nominate someone to the board; or (2) involvement in “substantive decisionmaking” of the US company (other than through shareholder voting) pertaining to the “use, development, acquisition, safekeeping, or release” of sensitive personal data of US citizens that the US company collects or maintains.

“Sensitive Personal Data” Vs. “Personally Identifiable Information”

When Congress expanded CFIUS’s jurisdiction in the area of personal data, it opted not to use the term “personally identifiable information” (PII), which has been around for several years and is relatively concrete and specific. Instead, Congress embraced the related term, “sensitive personal data,” giving CFIUS much more latitude to scope its jurisdiction as necessary to target the true national security risks. So, will CFIUS view the terms “sensitive personal data” and PII interchangeable? Probably not. Sensitive personal data is likely to include some, but not all, types of PII. At the same time, the CFIUS definition may include some information that is not considered PII.

graphic, CFIUS

The Office of Management and Budget (OMB) defined PII in 2013, by regulation, as: “information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.” The National Institute of Standards and Technology and the Government Accountability Office have offered some helpful examples of PII: name, Social Security number, date and place of birth, mother’s maiden name, biometric records, as well as medical, educational, financial, or employment information.

OMB’s regulations point out that some PII (“public PII”) – such as first and last names, physical addresses, work and home telephone numbers, email addresses, and educational credentials – may be available via phone books, public Internet sites, university listings, and other public sources. The transfer of public PII to foreign persons, via an investment in a US company that has the data, probably does not present heightened national security risks. That type of information is already ubiquitous, so it is less likely to be captured by CFIUS in key definitions in its forthcoming regulations. But other PII may raise significant national security concerns in the eyes of CFIUS and its member agencies and may therefore be included within the scope of the term, sensitive personal data.

To Understand How CFIUS Sometimes Thinks About Personal Data, Use Your Imagination

To assess whether specific types of potentially sensitive personal data could have relevance to national security, it may be a useful exercise to let one’s imagination run wild and consider what a hostile foreign intelligence service (e.g., Chinese or Russian intelligence agencies or their proxies) or a foreign terrorist organization might be able to do with that data. For example:

  1. Could China’s shadowy Ministry of State Security (MSS) use that data for malign purposes, such as connecting the dots to identify and target a US Government employee who may be operating in some clandestine capacity somewhere in the world?
  2. Could that data enable Russia’s devious Foreign Intelligence Service (SVR, the successor to the notorious KGB) to exploit a specific vulnerability (e.g., financial trouble or an extramarital affair) of a career US Government employee in the Washington Metropolitan Area who has robust access to high-level classified information, then blackmail or bribe that employee and thereby gain sustained access to sensitive intelligence?
  3. Could homegrown operatives of the terrorist groups, Hizballah or the Islamic State in Iraq and Syria (ISIS), utilize that data to surreptitiously gain access to a sensitive system or facility, then steal valuable information about US critical infrastructure (e.g., a nuclear power plant) or vital military systems or even sabotage them?

So, How Is CFIUS Likely to Define “Sensitive Personal Data”?

For good reason, CFIUS’s forthcoming rules regarding sensitive personal data are likely to be nuanced, and they will probably place a premium on both the quality and the quantity of the data in question. The definition could cover information such as Social Security numbers, driver’s license numbers, passport information, employee records and tax information, medical records and related data covered by the Health Insurance Portability and Accountability Act (HIPAA) and related laws, genetic or genomic information, ancestry data, biometric information, credit and debit card numbers, bank accounts and other financial information (including transaction history), consumer purchase history, online account information (including account numbers and passwords), Internet history, social media data (non-public only), school records, private personal phone numbers (including mobile numbers), email addresses, geolocation and related data from mobile device software apps, travel plans and history, and data pertaining to intimate personal relationships (including data from dating services).

However, CFIUS may also exercise its discretion to exclude situations where the US company has only limited amounts of these types of data. The CFIUS member agencies are very cognizant of the need to avoid drafting the forthcoming regulations so broadly that the resulting flow of incoming filings would exceed CFIUS’s bandwidth, and those types of considerations will certainly manifest themselves in the regulations.

On the flip side of the coin, CFIUS’s forthcoming definition of sensitive personal data is unlikely to cover information that is readily accessible online or from other public sources, such as names, physical addresses, work and home phone numbers, race, gender, ethnicity, and educational credentials. In reality, because CFIUS has yet to officially clarify which personal data is sensitive and which is not, investors and businesses of all types and sizes will remain somewhat in the dark until the draft regulations are released. However, a handful of noteworthy data breaches, as well as some publicly reported CFIUS cases from recent years, may shed some light on where these regulations are headed. Ultimately, the national security risks are often virtually identical, regardless of whether the sensitive personal data gets acquired through illegal means (e.g., theft) or legal means (e.g., acquiring a company or gaining access to its data via a non-passive minority-position investment).

The OPM Hack and Travel Data – A Counterintelligence Nightmare for the US Government

In 2014, hackers from China penetrated the computer systems of the Office of Personnel Management (OPM) in Washington, DC. The infamous OPM hack, through which the personal data of more than 22 million current and former federal employees was exfiltrated, was one of the most damaging data thefts in the history of the US Government. The lost trove of data included millions of security clearance files, which contained detailed information about applicants, their family members, and their friends; additional personnel records containing Social Security numbers, performance evaluations, and duty assignments; as well as fingerprints, extensive financial and medical records, and computer usernames and passwords.

In the hands of a foreign adversary such as China, this sort of sensitive data on current and former US Government officials is a powerful weapon. The data would be even more useful to a hostile foreign power who can combine it and cross-reference it with detailed travel data on millions of Americans harvested from a vast private database. The unfortunate result is the exact type of national security quandary that the first “use your imagination” scenario above sought to describe.

In the era of artificial intelligence (AI) and data lakes, these are some of the very same considerations that drive decisionmaking by CFIUS regarding the national security risks of permitting a particular foreign person to invest in a US company that collects or maintain sensitive personal data. It is certainly not lost on the CFIUS member agencies that, in a drive to dominate the field of AI globally, China is attempting to fuse AI with big data, frequently involving the unfettered surveillance of its own citizens. Of course, the effectiveness of AI depends on data – both its quantity and its quality – and China has learned to leverage massive pools of data to fuel its quest for AI supremacy. As CFIUS reviews transactions involving the sensitive personal data of Americans, it will seek to prevent that data from falling into the hands of China or other foreign adversaries.

Geolocation Data and Mobile Apps – Strava’s “Heat Map”

Today, a multitude of mobile device apps track users’ locations using GPS technology, then share or even sell that geolocation data to third parties, usually unbeknownst to users. This type of data can reveal not only things like consumer habits, but also data on a person’s general “pattern of life.” That type of information could potentially have great utility for a foreign adversary. So, when transactions inevitably come before CFIUS that involve a US company that collects or maintains this type of geolocation data, they are likely to come under increased scrutiny. CFIUS will work rigorously to ensure that this type of data does not fall into the hands of foreign adversaries, wherever preventable.

Recently, a real-life example illustrated the national security pitfalls of geolocation data. The locations of several American military bases in combat zones (including in Afghanistan, Iraq, and Syria) were revealed after the maker of a fitness-tracking mobile app posted online a “heat map” that marked the locations of its users. Very likely, the app users in those locations were American troops (as well as perhaps civilians supporting their missions) who wore fitness trackers or other mobile devices as they moved around. Soon after, this significant security blunder led the Department of Defense to alter its security policies on the use of mobile devices by deployed troops, as well as for personnel working at the Pentagon.

Genetic and Medical Data – FBI Warnings and the PatientsLikeMe Transaction

Perhaps the most alarming area of personal data is genetic (or genomic) information, including the DNA of US citizens. In 2017, FBI Special Agent Ed You testified before the US-China Economic and Security Review Commission that China has gained “significant access to US genomic data and biological samples through research partnerships, investments, mergers, and acquisitions.” Government officials like Special Agent You are deeply concerned that, in allowing massive sets of US medical and genetic data to be generated and pooled for efforts such as precision medicine, certain vulnerabilities are being simultaneously created. You advocates for assessing the long-term implications of China gaining access to data that is ostensibly to support efforts such as disease research, health diagnostics, and genealogy studies.

At the far end of the risk spectrum, one concern that has been voiced is that a hostile foreign power could get its hands on this same data, including the DNA of US citizens, and utilize it to engineer biological or chemical agents that specifically target certain US Government officials, other individuals, or ethnic groups. Other concerns center on the use of this data to exploit or extort specific individuals’ vulnerabilities for purposes such as those in the three “use your imagination” scenarios above.

CFIUS is clearly taking medical data seriously, as demonstrated earlier this year in a transaction involving Massachusetts-based health-tech startup PatientsLikeMe. The company was reportedly forced by CFIUS to ditch a $100 million majority-stake investment from iCarbonX, a Chinese genetic research firm with machine learning capabilities, due to national security concerns related to patient data. PatientsLikeMe connects patients to others with similar health conditions, and it says its data includes more than 650,000 people with 2,900 different health conditions. As a result, PatientsLikeMe was forced to find a US buyer.

Biometric data – The FaceApp Controversy

With the explosive growth of hacking and general cyber insecurity, biometric identifiers are increasingly being used to verify people’s identities. The most common applications of this cutting-edge technology thus far have centered on security, including everyday tasks such as logging into mobile phones but also controlling access to secure facilities and systems. Of course, biometrics also have clear applications for law enforcement. Some of the most common types of biometric data include fingerprint scans, facial recognition, iris recognition, DNA tests, signature analysis, gait analysis, voice recognition, and hand geometry.

In the national security context, foreign adversaries would have seemingly endless ways to exploit a trove of biometric data. A real-life example of how these risks can manifest themselves recently presented itself with the controversy over the FaceApp mobile app, which was developed by a Russian company. Facial images and other biometric data will likely be of great interest to CFIUS as it scopes its jurisdiction over minority-position investments involving sensitive personal data, and it will surely seek to prevent that data from falling into the hands of foreign adversaries who could use it for malign purposes.

Government Email Addresses – Ardit Ferizi and the ISIS Kill List

One might think that lists of email addresses should be considered pretty harmless, but the Justice Department (which is a CFIUS member agency) may disagree. The case of Ardit Ferizi illustrates what can happen at the intersection of terrorism and the cybertheft of sensitive personal data. Ferizi was a citizen of Kosovo who aided ISIS, over the course of two months in 2015, by penetrating the computer server of an Internet retail company based in Illinois and stealing 100,000 names, Social Security numbers, and credit card records. He culled from the server all the email addresses of US government civilians and military personnel (those ending in “.gov” or “.mil”). Then, he compiled for ISIS a “kill list” of 1,351 American troops or other government employees and passed it directly to a senior ISIS operative.

Ferizi is currently serving a 20-year federal criminal sentence for providing material support to the terrorist group, ISIS, as well as other hacking-related offenses. His case is evidence of how even seemingly innocuous personal data can be misused by nefarious actors, and it goes to show that at least one CFIUS member agency considers lists of email addresses to be sensitive personal data with real national security implications.

Data on Intimate Personal Relationships – The Grindr Transaction

It is also clear that CFIUS has concerns about data relating to intimate personal relationships, such as the information collected and maintained by dating services and related mobile apps. In March of 2019, news reports indicated that Kunlun Tech Co Ltd., a Chinese gaming company, had been pressured by CFIUS to sell the popular US dating app company, Grindr LLC, which it had acquired in two phases (2016 and 2018) for $245 million. Two months later, Kunlun disclosed that it had agreed to CFIUS’s request and had set a 2020 deadline for complying. CFIUS had reportedly raised serious concerns about a Chinese company having access to Grindr’s data on American citizens (which includes information such as its users’ HIV status, dating habits, and sexual orientation) and could be used by China to blackmail Americans in national security-related positions. Reportedly, CFIUS recently dropped its objections to Kunlun’s plan for an initial public offering (IPO), in which Grindr stock would be sold on an exchange outside of China.

Financial Data – The Fortress Investment Group and MoneyGram Transactions

In January of 2018, news broke that CFIUS had killed a $1.2 billion acquisition of MoneyGram, the US financial services company, by Ant Financial, a Chinese financial and mobile payment company affiliated with Chinese e-commerce and technology giant, Alibaba. MoneyGram is the world’s second-largest money transfer company, and CFIUS had reportedly raised objections regarding Chinese entities potentially getting access to the personal data of US citizens, rejecting various proposals to mitigate those concerns.

In 2017, sensitive personal data may have also played a secondary role in the prolonged CFIUS scrutiny of the $3.3 billion acquisition of Fortress Investment Group by the Japanese conglomerate, SoftBank. CFIUS eventually cleared the transaction, but reportedly only after SoftBank agreed to relinquish its involvement in the day-to-day operations of Fortress, a New York-based asset management and private equity investment company. Some had speculated that CFIUS may have had specific concerns with Softbank’s use of Huawei systems, in light of the US Government’s longstanding security concerns about the Chinese telecommunications giant. Such issues would have compounded any concerns about the sensitive personal data of US citizens falling into Chinese hands.

Conclusion

As CFIUS formulates its definition of “sensitive personal data” and scopes its jurisdiction over investments in US companies that collect or maintain it, a wide range of US industries will want to pay close attention. As companies like MoneyGram, Strava, Grindr, and PatientsLikeMe have learned, the national security implications of certain personal data are not always readily apparent. CFIUS is likely to release for comment its draft regulations in the next couple of months, and Arent Fox will continue to closely monitor developments.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Arent Fox | Attorney Advertising

Written by:

Arent Fox
Contact
more
less

Arent Fox on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.