Sidley’s Third Annual Privacy and Cybersecurity Roundtable

On April 18 in the DC office, Sidley hosted the firm’s third annual Privacy and Cybersecurity Roundtable for over 70 clients. Speakers included a senior representative of the European Data Protection Supervisor, senior officials from the Office of the New York State Attorney General and the Federal Trade Commission, legal, policy and compliance leaders from Facebook and Gannett, along with several members of the firm’s privacy, securities law and governance groups.

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Second Circuit Declares Retailer Victory in Data Breach Case

The U.S. Court of Appeals for the Second Circuit ruled on May 3 that a plaintiff who claimed that her credit card information was stolen in a data breach, but who failed to point to any particular out-of-pocket expense or inconvenience, does not have Article III standing to sue. In summarily affirming the dismissal of plaintiff’s complaint, the Second Circuit explained that amorphous fear of an increased threat of identity theft is not sufficient to create standing. The Second Circuit also held that, where a data breach has exposed only credit card information, and the plaintiff cancels the credit card, there is no plausible risk of future harm sufficient to confer standing.

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New German Federal Data Protection Act Passed by German Parliament; Provisions Could Conflict with GDPR Undermining Uniformity

On 27 April 2017 the German Parliament passed the new Federal Data Protection Act (the Bundesdatenschutzgesetz or “new BDSG”) which from 25 May 2018 will replace the current German Data Protection Act. The new BDSG adapts German law in line with the EU’s new General Data Protection Regulation (the “GDPR”). The GDPR has direct effect in EU members states, but it allows member states to pass legislation which supplements the GDPR but is consistent with it.

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Timothy J. Muris Joins Sidley in Washington, D.C.

Washington, D.C. – Sidley Austin LLP is pleased to announce that Timothy J. Muris has joined the firm as senior counsel in its Antitrust/Competition practice. Mr. Muris, a former chairman of the Federal Trade Commission (FTC), has substantial experience in every aspect of antitrust enforcement as well as in key consumer protection issues, including advertising, consumer finance and privacy regulation.

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Singapore’s Personal Data Protection Commission Publishes Advisory Guidelines on the Use of Anonymized Data

The Personal Data Protection Act, 2012 (PDPA), Singapore’s general data protection law, governs the collection, use and disclosure of personal data. The Singapore Personal Data Protection Commission (PDPC), which enforces the PDPA, recently updated the chapter on data anonymization found in its Advisory Guidelines (Guidelines). The Guidelines are not legally binding but provide guidance on how the PDPC will interpret the PDPA. The revisions encourage organizations to incorporate into the process of anonymizing data an inquiry into the risks that the data may be re-identified and any potential negative effect on the individuals involved rather than focusing purely on the various techniques to anonymize the data.

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Federal Judge Finds No General Obligation for Companies To Protect Employee Data

In a ruling on March 31, Enslin v. The Coca-Cola Co. (E.D. Pa. Mar. 31, 2017), Hon. Joseph F. Leeson, Jr., of the United States District Court for the Eastern District of Pennsylvania, dismissed a proposed class action on behalf of 74,000 Coca-Cola employees. The proposed suit was brought by a former Coca-Cola technician who claimed that his identity was stolen after a laptop with his unsecured sensitive employee information fell into the public’s hands.

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