Blockchain Tracing: The U.S. Government’s Newest Tool to Combat Foreign Crime
On May 13, 2022, U.S. Magistrate Judge Zia M. Faruqui of the District of Columbia took the unusual step of unsealing and issuing a Memorandum Opinion captioned “In Re: Criminal Complaint” to explain the court’s conclusion that probable cause existed to authorize a federal criminal complaint against an individual for … Read More
Data Matters: The Declaration for the Future of the Internet
On April 28, 2022, the White House announced, in partnership with 60 global partners, the launch of the Declaration for the Future of the Internet, also known as the “DFI.”
According to the White House briefing, the Declaration sets forth the shared principles regarding how parties should comport … Read More
Antitrust and Consumer Protection at Last Converge
Antitrust and consumer protection law—long separate provinces, even within a dual-mission government enforcement agency like the FTC that covers both fields—at last seem to be converging, as reflected in recent government enforcement activity, statements by the FTC’s leadership, and novel private litigation theories. Sean Royall, who co-leads Sidley’s Antitrust and … Read More
Digital Health Industry Take Note: New HIPAA Comment Opportunity and Guidance Addresses Growing Risk of Cybersecurity Attacks
Digital health companies should take note of new data privacy and security developments under the Health Insurance Portability and Accountability Act (HIPAA) that can affect product planning and customer negotiations.
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) has released a request for information (RFI) … Read More
CISA: “We don’t stab the wounded.”
Jen Easterly, Director of the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”), repeatedly emphasizes CISA’s cooperative approach with the U.S. private sector. During her interview with Sidley’s Alan Raul on April 13, 2022, Easterly emphasized that CISA’s role was not to “name, blame, shame, or stab the wounded” victims of … Read More
EU Data Governance Act – Edging Closer to a European Single Market for Data
On 6 April 2022, the European Parliament formally approved the Data Governance Act (“DGA”), which establishes a legal framework to promote the availability of data and increase trust in data sharing across sectors in the EU. Some of the key objectives of the new legislation include enabling the re-use of … Read More
Utah Joins the Comprehensive Privacy Law Club
Utah has become the fourth state, following California, Virginia and Colorado, to enact a comprehensive consumer data privacy law. The Utah Consumer Privacy Act (“UCPA”), formerly known as Senate Bill 227, passed the Utah Senate and House with no opposition, and was signed by Governor Cox on March 24, 2022.… Read More
Privacy by Design and Data Minimisation
*This article was first published by Global Data Review in March 2022.
“Privacy by design” refers to the practice of integrating and embedding privacy and data protection into the development and implementation of information technology systems, business practices and policies, and products and applications.
CISA Publishes a List of Key Elements to Share in Incident Reports
Amidst severe warnings by the United States government of heightened cyber risks (especially for critical infrastructure), and on the heels of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) being signed into law in March 2022, the Cybersecurity and Infrastructure Security Administration (CISA) published a Cyber Event … Read More
Developments in Health Privacy and Cybersecurity Policy and Regulation: OCR Issues Cybersecurity Warnings and New Health Data Legislation Is Introduced
On March 17, 2022, the U.S. Department of Health and Human Service’s Office for Civil Rights (“OCR”) issued industry guidance for Health Insurance Portability and Accountability Act (“HIPAA”) regulated entities to take preventative steps to protect against some of the more common, and often successful, cyber-attack techniques. For example, the … Read More