On January 8, the FTC announced a settlement with VTech (a maker of electronic children’s toys) for violations of COPPA, adding to the regulatory activity mounting in the last few years around the Internet of Toys. The company agreed to pay $650,000 to settle allegations that its Kid Connect app and its Learning Lodge platform collected personal information from almost 3,000,000 children without providing direct notice and obtaining their parent or guardian’s consent. (more…)
This past year was marked by ever more significant data breaches, growing cybersecurity regulatory requirements at the state and federal levels and continued challenges in harmonizing international privacy and cybersecurity regulations. We expect each of these trends to continue in 2018.
As we begin this New Year, here is list of the top 10 privacy and cybersecurity issues for 2018: (more…)
With the rise in drone usage for both commercial and recreational activities, air safety regulators around the world have increasingly focused on the impact of drones (otherwise known as unmanned aircraft systems or UAS) on flight safety and efficiency. Consistent with calls by the International Air Transport Association (IATA) for more oversight, Hong Kong’s Civil Aviation Department (CAD) recently announced plans to step up the regulation of commercial and recreational drones.
*This article first appeared in Law360 on December 18, 2017.
For well over a year, defense contractors have had New Year’s Eve 2017 circled on their calendars, and not because they love the “auld lang syne” and a good glass of champagne. (Or at least not only for those reasons.) Dec. 31, 2017, is the deadline for when covered contractors must comply with the U.S. Department of Defense’s new Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity requirements. This holiday season contractors are thus making their lists and checking them twice in order to ensure that they will be compliant by the end of the year. And this intense focus is well warranted. The DOD is deeply committed to protecting its information, and the requirements are an important step in that regard.
But for all of the focus on Dec. 31, contractors must also remember that the focus on compliance must remain into the New Year — and beyond. New technologies will emerge. Contractors will buy new systems and hire new employees. And all the while, internal security teams will be trying to stay a step ahead of hackers and “white hat” security researchers. In short, despite contractors’ best efforts, gaps may be identified at any time. Moreover, these gaps may carry with them real consequences — not only the possibility of contract termination, but also the risk of costly and disruptive False Claims Act investigations and lawsuits, with the specter of treble damages, and the possibility of suspension and debarment, lurking. It is thus crucial that contractors continue to be vigilant about the regulations, and take steps to enable them to demonstrate their vigilance and compliance, in order to best position themselves to avoid liability.
On 28 November 2017, the Article 29 Working Party (the “WP29”) published detailed draft guidelines on consent under the EU General Data Protection Regulation (the “GDPR”), which is to come into effect on 25 May 2018. The draft guidance has been submitted for public consultation for a six week period before being adopted.
The WP29 guidance on consent (“Consent Guidelines”) provides an analysis of the notion of consent under the GDPR as well as practical guidance for organisations on the requirements to obtain and demonstrate valid consent under the GDPR. (more…)
On 10 October 2017, Jamaica introduced into its House of Parliament a comprehensive Bill for privacy and data protection, entitled “An Act to Protect the Privacy of Certain Data and for Connected Matters.” The new law would cover personal data, including data in an “accessible record” such as a health record or an educational record. If passed, the new law will be named the “Data Protection Act, 2017.” (more…)
On 6 November 2017, the Dutch Data Protection Authority (‘”DPA”) issued a statement in which it confirms that controllers subject to Dutch data protection law will – in most cases – no longer need to notify their data processing activities to the DPA. The General Data Protection Regulation (“GDPR”), which becomes applicable on 25 May 2018, abolishes the system of DPA notifications and replaces it with the requirement to keep internal records of data processing operations. Until that date, controllers can still submit notifications if they wish to do so, but in general the DPA will no longer enforce compliance with the notification requirement in the law.
The EU-U.S. Privacy Shield has survived its infancy, although the October 18, 2017 European Commission report on its first annual review of the functioning of the EU-U.S. Privacy Shield (the “Report”) leaves uncertainty as to the long-term future of EU-U.S. Privacy Shield if the U.S. is unwilling or unable to adopt further Commission “recommendations”. The Report details the Commission’s findings on the implementation and enforcement of the Privacy Shield during its first year of operation. (more…)