European Lawmakers Call on the EU to Suspend the EU-U.S. ‘Data Transfer’ Privacy Shield

On 11 June 2018, members of a Committee within the European parliament (“MEPs”) narrowly voted in favour of suspending the EU-U.S. Privacy Shield (“Privacy Shield”), an agreement that facilitates the transfer of personal data of EU data subjects to the U.S., unless the U.S. government fully complies with the Privacy Shield data protection requirements by 1 September 2018. Although the resolution is only a draft and has no legal effect, it reflects continued European concerns surrounding Privacy Shield.   (more…)

Sidley Updates Bloomberg Portfolio on FTC Enforcement of Privacy & Data Security

Sidley Austin has recently updated its “FTC Enforcement of Privacy & Data Security,” which has been published as part of Bloomberg Law’s Privacy & Data Security Practice Portfolio, Portfolio No. 500, available here. (more…)

GDPR Day is Here!

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.

Supreme Court Finds Expectation of Privacy for Rental Car Driver

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. (more…)

Sidley Austin Embraces ABA Privacy Law Specialist Accreditation Opportunity; You Can, Too

*This Article Recently appeared in the IAPP’s The Privacy Advisor on April 24th, 2018

The IAPP’s Privacy Advisor recently published the below article on the ABA’s Privacy Law Specialist designation, describing how to apply and receive the designation, and highlighting how Sidley Austin is the first law firm to embrace the accreditation broadly.  Read the full article written by the IAPP’s Molly Hulefeld here.

Sidley’s Fourth Annual Privacy and Cybersecurity Roundtable

Sidley hosted the firm’s fourth annual Privacy and Cybersecurity Roundtable in the DC office on Monday, March 26, 2018.

Following an introduction by Sidley partner Alan Raul,  Giovanni Buttarelli, European Data Protection Supervisor, and Helen Dixon, Data Protection Commissioner for Ireland, discussed the EU General Data Protection Regulation which will go into effect on May 25, 2018. Both Helen Dixon and Giovanni Buttarelli shared their insights on preparation for, and life after May 25. Following their remarks, Sidley Partner and Privacy practice Co-Leader, Ed McNicholas (D.C.) moderated a lively discussion that included Cam Kerry, Senior Counsel (D.C./Boston) and new Sidley Partner, Wim Nauwelaerts (Brussels). (more…)

Sidley’s Fourth Annual Privacy and Cybersecurity Roundtable on March 26

Sidley will be hosting its annual Privacy and Cybersecurity Roundtable on Monday, March 26 starting at 1:30 PM EST. Two panels will highlight EU General Data Protection and the Future of Privacy and Cybersecurity Enforcement, followed by a special data protection themed reception featuring “A Taste of Adequacy and Essentially Equivalent Wines and Spirits”.  Guest speakers include European Data Protection Supervisor, Giovanni Buttarelli; Data Protection Commissioner for Ireland, Helen Dixon; VP and Deputy GC for Privacy and Regulatory Affairs from Microsoft, Julie Brill; and Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Maneesha Mithal. If interested in attending, please contact dcevents@Sidley.com as space is limited.

National Academy of Sciences Encryption Study

Few would describe 2017 as a quiet year.  But it actually was a period of relative calm with respect to at least one important topic.  After supporters and opponents of mandated government access to encrypted communications publicly feuded for much of 2016, reprising arguments they’ve had since at least the days of the “Clipper Chip,” these “encryption debates” seemed to quiet down for much of last year.  The same tensions likely simmered beneath the surface, to be sure, but they didn’t boil over and there was accordingly less attention directed at the issue than there had been previously.  (more…)

Privacy and Cybersecurity Top 10 for 2018

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…)

The Fourth Edition of The Privacy, Data Protection and Cybersecurity Law Review Is Available

The fourth edition of The Privacy, Data Protection and Cybersecurity Law Review takes a look at the evolving global privacy, data protection and cybersecurity landscape in a time when mega breaches are becoming more common and businesses are coming under increased scrutiny from regulators, Boards of Directors and their customers. Several lawyers from Sidley’s global Privacy and Cybersecurity practice have contributed to this publication. See the links below for a closer look at this developing area of law. (more…)