The National Institute of Standards & Technology (NIST) has issued a revised draft version of its Cybersecurity Framework. The document is issued as “Version 1.1″ of the existing framework, redlined to show changes from the original framework issued almost three years ago. It is a draft, seeking comment. No period for public comment is specified, except that NIST expects to hold a public workshop on the revised draft “around the fall of 2017.”
On October 25, 2016 the European Commission (the “Commission“) adopted its 2017 Work Programme (the “Work Programme”) which sets out what the Commission intends to do over the next 12 months. The Work Programme is the third to be presented under Jean-Claude Junker’s presidency of the Commission and will also be the first Work Programme to be adopted following consultation with the European Parliament (the “Parliament“) and the European Council (the “Council“).
The future of privacy and cybersecurity under President-elect Trump – with a Republican-controlled House and Senate – is far from certain, but his campaign comments indicate an emphasis on robust cybersecurity, perhaps with more openness to both offensive as well as defensive initiatives.
The Bavarian State Commissioner for Data Protection (“BayLDA“) announced on October 20, 2016, that it had fined a company for appointing an IT manager as its data protection officer (“DPO“). Germany’s strict data protection laws mean that appointing a DPO has long been a requirement for some companies in Germany, whereas in most other EU Member States there will be no such requirement until the General Data Protection Regulation (“GDPR”) takes effect.
Last week, we posted a brief account of the two challenges that have been filed in the General Court of the Court of Justice of the European Union challenging the Privacy Shield, first by Digital Rights Ireland in September and then by La Quadrature du Net last Monday. Today, the Official Journal of the European Union published notice of the Digital Rights Ireland pleading, the first time it has been publicly available.
This posting means the clock has started running on applications to intervene. Applications to intervene are due in 60 days, or January 6, 2016. To establish a right to intervene, an application must include a statement of the circumstances showing “an interest in the result” of the case.
Two legal challenges have been filed at the Court of Justice of the European Union (“CJEU”) against the European Commission’s adequacy decision on the EU-U.S. Privacy Shield. Privacy Shield was adopted on July 12, 2016 after the CJEU struck down the earlier Safe Harbour agreement in October 2015 over concerns about U.S. surveillance techniques.
The EU Data Protection Directive requires that data be processed fairly, which includes providing individuals with certain information about how a business uses their data, for example, by way of a privacy notice. These information requirements will be enhanced under the new EU Data Protection Regulation (“GDPR“), which will require many companies to review and amend their employee and customer notices, consents and policies (including privacy notices).
Members of the UK House of Lords have amended the Investigatory Powers Bill to make privacy a fundamental concern by inserting the following in clause 1 –
“This Act sets out the extent to which certain investigatory powers may be used to interfere with privacy.”
The amendment, proposed by Lord Janvrin, a member of the UK parliament’s Intelligence and Security Committee (“ISC“), was approved on Tuesday 11 October 2016, after a debate in which many members highlighted the need for safeguards against disproportionate use of the Bill by public authorities.
Sidley is pleased to announce that Dean Forbes has joined the firm’s Privacy, Data Security and Information Law practice. Dean will advise clients on legal matters related to privacy, security, and personal data governance and use.
On August 10, 2016, the National Institute of Standards and Technology (“NIST”) issued a notice requesting public comment on the current and future state of cybersecurity in the digital economy. The Request for Information (“RFI”) will serve to facilitate the work of the Commission on Enhancing National Cybersecurity (“CENC”) in delivering detailed cybersecurity recommendations for the public and private sectors pursuant to Executive Order 13718. The February 2016 Executive Order created CENC to develop a plan of action for the next decade to strengthen cybersecurity in the public and private sectors and reinforce partnerships between federal, state and local governments and the private sector. The Executive Order directs the Commission and the Secretary of Commerce to work with NIST to carry out its mission.