Data Matters Privacy Blog Home Page - Data Matters Privacy Blog

Whether you are marking today with a glass of champagne, a shot of whiskey, or a hot cup of tea, today marks a significant day for privacy professionals world-wide.

Here’s to all of the privacy professionals who have put in so many hours to prepare for the GDPR, fully effective as of Friday May 25, 2018 at midnight in Brussels; that is 6 PM eastern on Thursday, May 24th for toasting purposes.

For business executives, policymakers, and consumers who have become aware of the GDPR in recent weeks and are interested in learning more, visit our GDPR resource page here.

Big Data, Cybersecurity, Data Breaches, European Union, Financial Privacy, FTC, General, Health Privacy, Information Security, International, Internet of Things, Legislation, Litigation, Online Privacy, Policy

FCC Asks for Input After ACA International v. FCC

May 23 2018

Joseph Regalia, Eric S. Mattson, Liv Kiser and Colleen Theresa Brown

The Telephone Consumer Protection Act (TCPA) bar has been reeling ever since the U.S. Court of Appeals for the D.C. Circuit overturned a couple of key Federal Communications Commission (FCC) rules in ACA International v. FCC, including the FCC’s overbroad interpretation of the definition of an autodialer. However, the ruling still left several key provisions in place that facilitate the potential for significant liability and sow uncertainty for everyday business and compliance operations. Now the commission has issued a public notice seeking input about how it should interpret the TCPA. Comments are due June 13, 2018, with replies due June 28.

FCC, Litigation, Policy, Regulation, TCPA

Supreme Court Finds Expectation of Privacy for Rental Car Driver

May 22 2018

Christopher Fonzone

In its preview of hot privacy and cybersecurity topics for 2018, Data Matters noted that this year the Supreme Court was scheduled to decide a number of cases with potentially substantial privacy implications. This past week, the Court issued its opinion in one such case, Byrd v. United States, a case concerning “whether a driver has a reasonable expectation of privacy in a rental car when he or she is not listed as an authorized driver on the rental agreement.” Concluding that a driver does have such an expectation, the Court issued a narrow and unanimous opinion that, as laid out below, could have implications for commercial privacy expectations in other contexts.

General, Litigation, Policy

Georgia Governor Vetoes Broad-Reaching Computer Crime Bill, Highlighting Debate Around Bug Bounty Programs

May 17 2018

Michael R. Roberts and Colleen Theresa Brown

On May 8, Georgia Governor Nathan Deal announced that he was vetoing Senate Bill 315 (“SB 315” or “the bill”), cybersecurity legislation that would have expanded the criminalization of “unauthorized computer access” to capture, in addition to traditional hacking, activity that opponents warned is necessary to robust private and public sector cyber defense. In his veto statement, Governor Deal commented that parts of SB 315 “have led to concerns regarding national security implications and other potential ramifications” that caused him to conclude that “while intending to protect against online breaches and hacks, SB 315 may inadvertently hinder the ability of government and private industries to do so.”

Computer Crimes, Cybersecurity, Information Security, Legislation, Policy, U.S. State Law

DFAR Cybersecurity FAQs Provide Practical Guidance Highlighting Expansive Scope of Contractor Requirements

May 15 2018

Christopher Fonzone and Colleen Theresa Brown

For defense contractors, January 1, 2018 brought with it not only a new year, but also a new era – an era in which contractors must comply with the entire set of more detailed cybersecurity requirements under Defense Federal Acquisition Regulation Supplement (DFARS) 252.204-7012. As we have flagged before on Data Matters, this DFRAS provision applies to all Department of Defense (DOD) contracts (except for those involving commercial, off-the-shelf items) and places a number of substantial obligations on contractors, including that they comply with the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” and report certain cyber incidents to DOD.

Cybersecurity, Information Security, National Security, Policy

Arizona Updates Data Breach Law

May 11 2018

Elizabeth MacGill and Colleen Theresa Brown

Changes to data breach notification laws continue to pop up across the country this Spring. The latest comes from a new law signed by Arizona Governor Doug Ducey that amends the state’s data breach standards. Although much of the Arizona law has remained the same, the new law updates a few key provisions, including the definition of personal information, the requirements for the content of the data breach notice, the timing of notice, and the capping of penalties.

Cybersecurity, Data Breaches, U.S. State Law

Senate Confirms FTC Commissioners, Preparing the Way for Full Commission Turnover

May 02 2018

Dean C. Forbes and Colleen Theresa Brown

On April 26, 2018, the U.S. Senate unanimously confirmed President Trump’s five nominations for the incoming Federal Trade Commission (FTC) Chairman and Commissioners:

FTC, Policy

GDPR Day is Here!

FCC Asks for Input After ACA International v. FCC

Supreme Court Finds Expectation of Privacy for Rental Car Driver

Georgia Governor Vetoes Broad-Reaching Computer Crime Bill, Highlighting Debate Around Bug Bounty Programs

DFAR Cybersecurity FAQs Provide Practical Guidance Highlighting Expansive Scope of Contractor Requirements

Arizona Updates Data Breach Law

Senate Confirms FTC Commissioners, Preparing the Way for Full Commission Turnover

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