Category

Legislation

02 October 2018

The Trump Administration’s Approach to Data Privacy, and Next Steps

* This article originally appeared in Law360 on September 27, 2018.

On Sept. 25, 2018, the Trump administration proposed an approach and initiated a process to modernize U.S. data privacy policy.  The administration’s approach is “risk-based” rather than rule-based, and, as such, signals a willingness to move away from a privacy model of mandated notice and choice that has “resulted primarily in long, legal, regulator-focused privacy policies and check boxes.” Rather, the administration is proposing that U.S. privacy policy “refocus” on achieving desirable privacy “outcomes,” such as ensuring that users are “reasonably informed” and can “meaningfully express” their privacy preferences, while providing organizations with the flexibility to continuing innovating with cutting-edge business models and technologies.

(more…)

EmailShare
28 September 2018

Senate Hearing on Federal Privacy Law: Question is Not Whether But What Form

On September 26, the Senate Commerce Committee invited tech and telecom companies to the Hill to discuss safeguards for consumer data privacy. “The question,” noted Chairman John Thune, “is no longer whether we need a federal law to protect consumers’ privacy. The question is what shape that law should take.” The Senators and testifying witnesses expressed strong support for a comprehensive federal privacy law. (more…)

EmailShare
26 September 2018

Developing IoT Policy from California to Washington, D.C.

The growing network of internet of things (IoT) devices is expected to reach 30 billion devices by 2020. Despite this tremendous growth, the state of IoT regulation is patchwork at best. Although the FTC is the primary security regulator for consumer IoT devices, there are no comprehensive regulations or laws specific to the unique challenges of the IoT market. This absence of clear and unambiguous standards can be a burden for IoT companies who are looking to innovate while maintaining their customers’ privacy.  (more…)

EmailShare
25 September 2018

Movement Towards a Comprehensive U.S. Federal Privacy Law: Witnesses Prepare to Testify in Senate Hearing

The last six months have been busy ones for privacy watchers, with the entry into force of the GDPR and the enactment and amendment of the California Consumer Privacy Act.

An increasing number of eyes are now turning to the U.S. Congress to see how it will react to these developments, and Data Matters – and the privacy community generally – will thus be closely watching the Senate Committee on Commerce, Science, and Transportation on Wednesday, September 26, 2018, when it hosts a hearing titled “Examining Safeguards for Consumer Data Privacy.” (more…)

EmailShare
24 September 2018

India’s New and Substantial Draft Data Privacy Bill

The expert committee set up by the Government of India recently published a new draft data privacy draft bill called the Personal Data Protection Draft bill 2018 along with a detailed companion report. This significant development brings India closer to a comprehensive law for personal data protection. The draft bill is modelled on the European Union’s General Data Protection Regulation (GDPR). If enacted into law, the draft bill would impose significant obligations on organizations, whether operating inside or outside India, including mandatory localization of personal data. The Government of India has invited comments to the draft bill by 30 September 2018. (more…)

EmailShare
05 September 2018

Clean-Up Bill Advances to Amend the New California Consumer Privacy Act

On Friday, August 31, the California legislature unanimously passed a host of “clean-up” amendments to the new California Consumer Privacy Act (CCPA), AB 375, as it set about addressing flaws and other concerns in the state’s groundbreaking data privacy law. These amendments are now awaiting Governor Brown’s signature. (more…)

EmailShare
15 August 2018

After LabMD, Questions Remain for the Healthcare Sector

*This article first appeared in the July 2018 issue of Digital Health Legal

Massive data breaches.  Threats to medical devices. The Internet of Persons.  Healthcare entities are all too familiar with the rising cyber threat.  But they are also familiar with the complex array of laws and regulations in the United States that attempt to address the threat and the potentially significant compliance costs and risks caused by that complexity.  The US Court of Appeals for the Eleventh Circuit’s recent and long-awaited decision in LabMD v. Federal Trade Commission, which trimmed the sails of one of the primary regulators of the healthcare information security landscape, may thus appear to some, at first blush, to be a necessary corrective. Yet closer inspection shows that the Eleventh Circuit’s decision raises more questions than it answers – and that its true implications will only become clear once we see how federal regulators, the courts, and perhaps Congress respond.

Read More

EmailShare
30 July 2018

South Carolina Becomes the First State to Enact the National Association of Insurance Commissioners (NAIC) Insurance Data Security Model Law

In October 2017, the National Association of Insurance Commissioners (NAIC) adopted an Insurance Data Security Model Law.  According to NAIC’s news release announcing this development, the Model Law was meant to build on the organization’s cybersecurity progress and create a “platform that enhances our mission of protecting consumers.”  (For more information on the development of the Model Law, see our prior coverage.)  (more…)

EmailShare
16 July 2018

Privacy as a “Fundamental Right” Clouds Smart Regulation

*Originally Published July 12, 2018 by Chambers and Partners Data Protection & Cyber Security 2018

There is a lot going on with privacy around the world. As discussed in the chapters of this book, significant new laws are being adopted or taking effect, important judicial decisions are being decided to interpret existing legal requirements, and citizens are contending with their own expectations about confounding new technologies and business models. It is not clear, however, that the public policy being developed in any country is a thoughtful reaction to the promises and perils of today’s digital economy, rather than a knee-jerk over-reaction to imagined harms and a handful of high-profile incidents. (more…)

EmailShare
29 June 2018

California Enacts Broad Privacy Laws Modeled on GDPR

On June 28, 2018, California Gov. Jerry Brown signed into law the California Consumer Privacy Act of 2018 (AB 375). According to the bill’s author, it was consciously designed to emulate the new European General Data Protection Regulation (GDPR) that went into effect on May 25, and if and when it goes into effect, it would constitute the broadest privacy law in the United States. It is intended to give consumers more transparency regarding and control over their data and establishes highly detailed requirements for what companies that collect personal data about California residents must disclose.    (more…)

EmailShare
1 2 3 9
XSLT Plugin by BMI Calculator