https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Wendy M. Lazersonhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngWendy M. Lazerson2023-04-04 09:15:322023-09-06 15:31:09Equal Employment Opportunity Commission Looks at AI
On 8 March 2023, the newly created Department of Science, Innovation and Technology (“DSIT”) introduced the Data Protection and Digital Information (No. 2) Bill. The “Bill” is in substance a re-introduction of the previous Data Protection and Digital Information Bill which was withdrawn from Parliament on the same day as the new Bill was published. The Bill, which has been hailed by the UK Government as one that will “save billions” and “cut down pointless paperwork” is the UK’s latest attempt to create a more streamlined piece of data protection legislation for the UK whilst still “ensur[ing] data adequacy.” The Information Commissioner’s Office (“ICO”) also welcomed the re-introduction of the Bill, with the Commissioner stating that he would “support [the Bill’s] ambition.” While much of the Bill remains the same as its previous iteration, we set out the key provisions and notable amendments below.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00William RM Longhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngWilliam RM Long2023-03-30 11:11:332023-09-06 15:31:29UK GDPR Reform Is Back! Department of Science, Innovation and Technology Introduces New Data Protection and Digital Information Bill
On March 1, 2023, the Biden administration announced its long-awaited National Cybersecurity Strategy. The strategy is part of the administration’s efforts to bolster and modernize public and private responses to cybersecurity threats.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Alan Charles Raulhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngAlan Charles Raul2023-03-29 15:11:172023-09-06 15:31:57Biden Administration Announces National Cybersecurity Strategy
On 15 March 2023, the UK Government published, alongside its Spring Budget, a report on the Pro-innovation Regulation of Technologies Review (the “Report”). The Report was led by the government’s Chief Scientific Advisor and National Technology Officer, Sir Patrick Vallance, who was tasked with “bringing together the best minds to advise how the UK can better regulate emerging technologies, enabling their rapid and safe introduction.” In response, the UK Government has accepted all of the Report’s recommendations, and set out some next steps for their implementation.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/10/MN-18359_Data-Matters_833x606-18.jpg607834Patrick J. Harrisonhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngPatrick J. Harrison2023-03-24 11:04:162023-09-06 15:32:23UK’s New Pro-innovation Approach to Regulating Digital Technologies
On January 6, 2023, the Federal Communications Commission (the Commission) released a unanimously adopted Notice of Proposed Rulemaking, “In the Matter of Data Breach Reporting Requirements” (Proposed Rule). The Commission sought comments through February 22, 2023 on the Proposed Rule which will update its current data breach reporting rule. Reply comments are due on or before March 24, 2023.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Alan Charles Raulhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngAlan Charles Raul2023-03-06 12:05:342023-09-06 15:35:16FCC Proposes Updated Data Breach Reporting Requirements, Comment Period Ongoing
Employers frequently seek to include confidentiality and nondisparagement provisions in severance agreements provided to departing employees. Last week, the U.S. National Labor Relations Board (NLRB or Board) significantly altered the legal landscape governing such provisions, making it much more difficult for unionized and nonunionized employers alike to use them for nonsupervisory employees without running afoul of the National Labor Relations Act (NLRA). The decision is likely to be appealed, and we will issue updates as they become appropriate. In the interim, however, it is critically important for employers to understand the implications of the decision (see below) and to adjust their use of these provisions to limit their risk.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/10/MN-18359_Data-Matters_833x606-19.jpg607834Wendy M. Lazersonhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngWendy M. Lazerson2023-03-03 11:12:542023-09-06 15:35:38U.S. Employers Need to Reconsider Use of Confidentiality and Nondisparagement Provisions in Light of New NLRB Decision
In a briefing to the Legislative Council (Hong Kong’s legislative body) on February 20, 2023, the Privacy Commissioner (“the Commissioner”) announced that substantive amendments to the Personal Data (Privacy) Ordinance (“PDPO”) will take place.
https://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.png00Yuet Ming Thamhttps://datamatters.sidley.com/wp-content/uploads/sites/2/2022/09/sidleyLogo-e1643922598198.pngYuet Ming Tham2023-02-24 16:06:582023-09-06 15:36:01Substantial Changes to Hong Kong’s Privacy Laws Coming
For the second time in two weeks, the Illinois Supreme Court clarified the scope of the Illinois Biometric Privacy Act (BIPA) — this time in Cothron v. White Castle. The court, in a 4–3 decision, held that BIPA claims accrue each time biometric data is collected or transmitted, and not just the first time.1
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok
Equal Employment Opportunity Commission Looks at AI
2023 is rapidly becoming the year of AI policy and regulation. A particular focus of regulatory concern relates to AI impacts on employees, and the U.S. Equal Employment Opportunity Commission (EEOC) is not sitting on the sidelines. On January 31, 2023, the EEOC held a public hearing to examine the use of automated systems, including artificial intelligence (AI), in employment decisions. This hearing, titled “Navigating Employment Discrimination in AI and Automated Systems: A New Civil Rights Frontier,” continues the work of the Artificial Intelligence and Algorithmic Fairness Initiative, which was launched in 2021 by the EEOC. Through this initiative, the EEOC has already published a guidance titled “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees.” Below are a few high-level takeaways from the hearing:
(more…)
Wendy M. Lazerson
Palo Alto, San Francisco
wlazerson@sidley.com
Sheri Porath Rockwell
Century City
sheri.rockwell@sidley.com
Sasha Hondagneu-Messner
New York
shondagneumessner@sidley.com
UK GDPR Reform Is Back! Department of Science, Innovation and Technology Introduces New Data Protection and Digital Information Bill
On 8 March 2023, the newly created Department of Science, Innovation and Technology (“DSIT”) introduced the Data Protection and Digital Information (No. 2) Bill. The “Bill” is in substance a re-introduction of the previous Data Protection and Digital Information Bill which was withdrawn from Parliament on the same day as the new Bill was published. The Bill, which has been hailed by the UK Government as one that will “save billions” and “cut down pointless paperwork” is the UK’s latest attempt to create a more streamlined piece of data protection legislation for the UK whilst still “ensur[ing] data adequacy.” The Information Commissioner’s Office (“ICO”) also welcomed the re-introduction of the Bill, with the Commissioner stating that he would “support [the Bill’s] ambition.” While much of the Bill remains the same as its previous iteration, we set out the key provisions and notable amendments below.
(more…)
William RM Long
London
wlong@sidley.com
Francesca Blythe
London
fblythe@sidley.com
Subhalakshmi Kumar
Fjolla Lushta
London
flushta@sidley.com
Biden Administration Announces National Cybersecurity Strategy
On March 1, 2023, the Biden administration announced its long-awaited National Cybersecurity Strategy. The strategy is part of the administration’s efforts to bolster and modernize public and private responses to cybersecurity threats.
(more…)
Alan Charles Raul
Washington, D.C., New York
araul@sidley.com
Lauren Kitces
Washington, D.C.
lkitces@sidley.com
Vishnu Tirumala
Washington, D.C.
vtirumala@sidley.com
UK’s New Pro-innovation Approach to Regulating Digital Technologies
On 15 March 2023, the UK Government published, alongside its Spring Budget, a report on the Pro-innovation Regulation of Technologies Review (the “Report”). The Report was led by the government’s Chief Scientific Advisor and National Technology Officer, Sir Patrick Vallance, who was tasked with “bringing together the best minds to advise how the UK can better regulate emerging technologies, enabling their rapid and safe introduction.” In response, the UK Government has accepted all of the Report’s recommendations, and set out some next steps for their implementation.
(more…)
Patrick J. Harrison
London
pharrison@sidley.com
Monika Zdzieborska
London
mzdzieborska@sidley.com
Fiona Shajko
London
fshajko@sidley.com
Uvini Edirisinghe
London
uedirisinghe@sidley.com
Alex Harper
London
alex.harper@sidley.com
FCC Proposes Updated Data Breach Reporting Requirements, Comment Period Ongoing
On January 6, 2023, the Federal Communications Commission (the Commission) released a unanimously adopted Notice of Proposed Rulemaking, “In the Matter of Data Breach Reporting Requirements” (Proposed Rule). The Commission sought comments through February 22, 2023 on the Proposed Rule which will update its current data breach reporting rule. Reply comments are due on or before March 24, 2023.
(more…)
Alan Charles Raul
Washington, D.C., New York
araul@sidley.com
Colleen Theresa Brown
Washington, D.C.
cbrown@sidley.com
Sasha Hondagneu-Messner
New York
shondagneumessner@sidley.com
U.S. Employers Need to Reconsider Use of Confidentiality and Nondisparagement Provisions in Light of New NLRB Decision
Employers frequently seek to include confidentiality and nondisparagement provisions in severance agreements provided to departing employees. Last week, the U.S. National Labor Relations Board (NLRB or Board) significantly altered the legal landscape governing such provisions, making it much more difficult for unionized and nonunionized employers alike to use them for nonsupervisory employees without running afoul of the National Labor Relations Act (NLRA). The decision is likely to be appealed, and we will issue updates as they become appropriate. In the interim, however, it is critically important for employers to understand the implications of the decision (see below) and to adjust their use of these provisions to limit their risk.
(more…)
Wendy M. Lazerson
Palo Alto, San Francisco
wlazerson@sidley.com
Katherine A. Roberts
Los Angeles, San Francisco
kroberts@sidley.com
Patrick S. Casey
Chicago
pcasey@sidley.com
John G. Levi
Chicago
jlevi@sidley.com
Jordan Varberg
Substantial Changes to Hong Kong’s Privacy Laws Coming
In a briefing to the Legislative Council (Hong Kong’s legislative body) on February 20, 2023, the Privacy Commissioner (“the Commissioner”) announced that substantive amendments to the Personal Data (Privacy) Ordinance (“PDPO”) will take place.
(more…)
Yuet Ming Tham
Singapore, Hong Kong
ytham@sidley.com
Shu Min Ho
Singapore
shumin.ho@sidley.com
Lauren Chan
Illinois Supreme Court Clarifies Accrual for Illinois Biometric Privacy Act Claims
For the second time in two weeks, the Illinois Supreme Court clarified the scope of the Illinois Biometric Privacy Act (BIPA) — this time in Cothron v. White Castle. The court, in a 4–3 decision, held that BIPA claims accrue each time biometric data is collected or transmitted, and not just the first time.1
(more…)
Kathleen Carlson
Chicago
kathleen.carlson@sidley.com
Lawrence P. Fogel
Chicago
lawrence.fogel@sidley.com
Geeta Malhotra
Chicago
gmalhotra@sidley.com
Stephen W. McInerney
Chicago
smcinerney@sidley.com
Vera M. Iwankiw
Andrew F. Rodheim
Chicago
arodheim@sidley.com
Upcoming Events
Resources
Meet the Team
Kwaku A. Akowuah
kakowuah@sidley.com
Sheila A.G. Armbrust
sarmbrust@sidley.com
Francesca Blythe
fblythe@sidley.com
Colleen Theresa Brown
ctbrown@sidley.com
Thomas D. Cunningham
tcunningham@sidley.com
Sharon R. Flanagan
sflanagan@sidley.com
David A. Gordon
dgordon@sidley.com
Tomoki Ishiara
tishiara@sidley.com
Amy P. Lally
alally@sidley.com
David C. Lashway
dlashway@sidley.com
William RM Long
wlong@sidley.com
Joan M. Loughnane
jloughnane@sidley.com
Geeta Malhotra
gmalhotra@sidley.com
Rollin A. Ransom
rransom@sidley.com
Alan Charles Raul
araul@sidley.com
Jennifer B. Seale
jseale@sidley.com
Yuet Ming Tham
ytham@sidley.com
Jonathan M. Wilan
jwilan@sidley.com
John W. Woods Jr.
jwoods@sidley.com