News & Analysis as of

Sensitive Personal Information

Mayer Brown

Department of Justice Issues Notice of Proposed Rulemaking to Regulate Export of Sensitive Personal Data

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On October 21, 2024, the Department of Justice (DOJ) released an unpublished Notice of Proposed Rulemaking (NPRM), Provisions Pertaining to Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by...more

Wiley Rein LLP

DOJ and CISA Propose New National Security Program to Regulate Foreign Access to Sensitive Data

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On October 21, 2024, the U.S. Department of Justice (Department or DOJ) and the U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) issued proposals – required by the...more

Snell & Wilmer

Department of Defense Finalizes Rule Adding New Cybersecurity Requirements for Defense Contractors and Subcontractors

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The U.S. Department of Defense (DOD) has published a Final Rule to implement the Cybersecurity Maturity Model Certification (CMMC) program, which establishes minimum cybersecurity requirements for nearly all DOD contracts....more

DLA Piper

EU: CJEU Insight 

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October has already been a busy month for the Court of Justice of the European Union (“CJEU”), which has published a number of judgments on the interpretation and application of the GDPR, including five important decisions,...more

Pillsbury - Consumer Protection Dispatch

GDPR Enforcement: Lessons from Recent Data Privacy Penalties

Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more

Ankura

Ensuring Compliance With Data Privacy Regulations: The Role of e-discovery Services in the Indian Landscape

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In today's digital era, the volume of electronic data generated by organizations is staggering. For law firms conducting due diligence, managing this data while ensuring compliance with stringent data privacy regulations is a...more

WilmerHale

China Finalizes the Network Data Security Management Regulations and Issues the First Free Trade Zone Data Export Negative List

WilmerHale on

On September 24, 2024, the State Council released the Regulations on the Management of Network Data Security (《网络数据安全管理条例》) (“Regulations”). The Regulations focus on prominent issues related to Personal Information (PI),...more

ArentFox Schiff

California and Colorado Establish Protections for Neural Data

ArentFox Schiff on

When one hears the term “neural data,” a brain implant comes to mind, alongside concerns about these neurotechnologies being able to read our innermost thoughts. Generally, implantable devices such as these are considered...more

Harris Beach PLLC

Key Considerations for Selling AI Software to the Government

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The federal government is the biggest purchaser in America and that extends to the SaaS space. On September 24, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-18, offering updated guidelines for the...more

Baker Botts L.L.P.

California Extends Privacy Law to Cover Neural Data

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On September 29, 2024, California took a significant step forward in data privacy protection by passing a law that extends the California Consumer Privacy Act (CCPA) to cover neural data—brain activity and related information...more

Dunlap Bennett & Ludwig PLLC

From Listings To Losses: Understanding Cybersecurity Risks In Real Estate

Your real estate firm is at risk from the growing threat of cybersecurity attacks. The days of retaining hard copies and physical files are increasingly phasing out. In an era where digital transformation is altering the...more

Davis Wright Tremaine LLP

California Governor Signs Three Bills Amending CCPA Provisions on Sensitive Information and Opt-Out Preferences in the Context of...

During the final days of the California legislative session, which ended on August 31, 2024, the California legislature passed several privacy bills, described below, that would amend the California Consumer Privacy Act...more

Esquire Deposition Solutions, LLC

Litigators Weigh Need to Disclose AI Use to Clients

Many lawyers today are wrestling with the question of whether they should inform clients that artificial intelligence technologies are being used on their case matters. Ethical advice from state bar regulators has been slowly...more

McDermott Will & Emery

California Amends Key CCPA Definitions

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California is set to amend the California Consumer Privacy Act of 2018 (CCPA) with two recent amendments that have been signed into law. Assembly Bill (AB 1008) and Senate Bill 1223 (SB 1223) aim to clarify how the law...more

DLA Piper

China: New Definition and Guidelines on Sensitive Personal Information Now Finalised

DLA Piper on

We previously wrote about proposed changes to the definition of sensitive personal information under a June 2024 draft of the Guide for Sensitive Personal Information Identification (“Guide“). The Guide has now (September...more

BakerHostetler

AI and Sports - Security vs. Privacy

BakerHostetler on

With the United States preparing to host the 2026 FIFA World Cup, the 2028 Summer Olympics in Los Angeles and the 2034 Winter Olympics in Salt Lake City, the race is on for venues, individual states and the federal government...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Strategic Privacy Planning Alert: A State Law Regulatory Roadmap for 2024–2025 Compliance

As January 2025 privacy strategy planning ramps up this fall, our Privacy, Security, & Artificial Intelligence team has put together a planning alert for 2024–2025. In this installment, we review the following nine state...more

Jones Day

Brazil Amps Up Enforcement of Data Protection Law

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Actions in the last six months of the Brazilian National Data Protection Authority (“ANPD”) suggest that it intends to aggressively enforce the Brazilian Data Protection Law (“LGPD”). The LGPD applies to any entity that...more

Barnea Jaffa Lande & Co.

Board of Director’s responsibility for data security in a company

The Israeli Privacy Protection Authority recently published a binding directive addressing the board of director’s responsibilities for the fulfillment of a company’s obligations prescribed in the Privacy Protection...more

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Burr & Forman

That’s the Way the Cookie Crumbles

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Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more

Alston & Bird

California Joins the Neural Data Bandwagon

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On August 31, the California assembly passed SB1223, which amends the CCPA/CPRA to include “neural data” as a type of sensitive data.  SB1223, which is likely to become law, defines “neural data” as “information that is...more

Dechert LLP

Dechert Cyber Bits - Issue 61

Dechert LLP on

X Agrees to Stop Processing EU Data to Train its Grok AI - Ireland’s Data Protection Commission (“DPC”) recently filed an urgent High Court application against X (formerly Twitter) for using the personal data of European...more

Bradley Arant Boult Cummings LLP

Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims Act

The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud...more

Foley & Lardner LLP

Cybersecurity in the Age of Industry 4.0 - Part 1

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As the manufacturing sector continues to embrace the hyper-connected era of Smart Manufacturing, known as Industry 4.0, more and more organizations are integrating advanced automation, artificial intelligence (AI), the...more

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