Surveillance Versus Privacy Rights: UK Court Rules Data Retention Legislation Unlawful

One year after the Data Retention and Investigatory Powers Act 2014 (“DRIPA”) received royal assent on 17 July 2014, the English High Court issued a landmark judgment in David & Ors v Secretary of State for the Home Department [2015] EWHC 2092 (Admin) declaring DRIPA to be unlawful.


NIST Releases New and Updated Information Security Guidance

In an effort to address growing concerns about security vulnerabilities in both the public and private sectors, the National Institute of Standards and Technology (NIST) has released a flurry of new and updated information security recommendations.  The latest recommendations address protections for sensitive data held by federal contractors, encryption standards, and security for federal Smart ID cards.


New Chinese National Security Law Brings Further Focus to Global Cybersecurity

On July 1, 2015, China’s top legislature adopted a new National Security Law (中华人民共和国国家安全法), highlighting cyber security and paving the way for a coordinated crisis management system.  The law aims to provide a general legislative framework to cover a wide range of areas, ranging from finance, politics, the military and cyber security to culture, ideology and religion.


FCC Issues Far-Reaching TCPA Declaratory Ruling

An already active TCPA class action bar is sure to become even more active after a significant Declaratory Ruling and Order from the FCC that, among other points, broadened what technologies may be considered autodialers, gave further strength to class actions based on reassigned cell numbers, and muddied the waters for constructing compliance mechanisms to support consumer revocation of consent.

On July 10, 2015, the Federal Communications Commission issued a declaratory ruling to resolve various concerns raised by 21 petitions regarding the Commission’s implementation of the Telephone Consumer Protection Act, which carries a $500 penalty for each call or text in violation.


The Impending Russian Data Localization Law

We are rapidly approaching the effective date for the so-called Russian “data localization law,” a development that prompted considerable backlash from the global business community and could have significant consequences for entities operating in the Russian market.  In July 2014, Russia adopted Federal Law No. 242-FZ, which in effect requires that information a company holds pertaining to Russians must be stored on servers physically located within Russia.  These obligations apply to individuals in their capacity as employees as well as consumers; thereby impacting even companies that do not maintain brick-and-mortar operations in Russia.


ICO Bares Enforcement Teeth for Privacy Breaches

At the press conference for the launch of its Annual Report on 2 July, the UK Information Commissioner Christopher Graham highlighted the changing legislative landscape for the ICO’s regulatory powers against privacy breaches and put forward its proposals for the upcoming year.


Precision Medicine Initiative: Proposed Privacy & Trust Principles

The White House is soliciting public comments on its Proposed Privacy and Trust Principles (the Proposed Principles) for the Precision Medicine Initiative (PMI). PMI is a federal initiative to support research, technology and policies that enable the development of individualized treatments, and is backed by a $215 million investment under President Obama’s 2016 Budget.


Federal Trade Commission Releases Guide for Businesses on Data Security

The Federal Trade Commission released “Start with Security:  A Guide for Business” on June 30, 2015.  The guide contains ten best practices for addressing issues of data security based on lessons learned from the FTC’s 53 data-security actions to date.  Specifically, it identifies “vulnerabilities” that could affect businesses of all sizes and provides some “practical guidance on how to reduce the risks [those vulnerabilities] pose.”


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Tomoki Ishiara

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Amy P. Lally

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David C. Lashway

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Linh Lieu

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William RM Long

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Jennifer B. Seale

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Yuet Ming Tham

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John K. Van De Weert

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Jonathan M. Wilan

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