Approximately at the same time as the Executive Order that we described in Part 1 was issued, the Attorney General (AG) unofficially released 90 pages of Advanced Notice of Proposed Rulemaking (ANPRM), which will become official once published in the Federal Register. The AG has proposed several regulations, and has solicited public comments on over … Continue reading
On February 28, 2024, the White House issued an Executive Order on Preventing Access to Americans’ Bulk Sensitive Data and United States Government-Related Data by Countries of Concern. The 17-page Executive Order pointed out that “countries of concern” could use bulk sensitive data in a variety of ways that could adversely affect U.S. national security, … Continue reading
On 16 January 2024, Singapore’s Infocomm Media Development Authority (IMDA), in collaboration with the AI Verify Foundation, announced a public consultation on its draft Model AI Governance Framework for Generative AI (Draft GenAI Governance Framework), showing the areas where future policy interventions relating to generative AI may take place and options for such intervention. The … Continue reading
On 25 December 2023, the Personal Data Protection Committee (PDPC) published two notifications detailing regulations for cross-border transfers of personal data under Sections 28 and 29 (Notifications) of the Personal Data Protection Act B.E. 2562 (2019) (PDPA). These Notifications are the Adequacy Country Notification and the Appropriate Safeguard Notificationrespectively. Key information In summary, the Adequacy … Continue reading
December tends to be a busy time for everyone, so you may have missed a privacy update or two. We have set out some updates in the form of questions, with links in the answers where you can find more information. (For those making this quiz a competitive event, we have included a tie-breaker/bonus question.) … Continue reading
On November 27, 2023, the California Privacy Protection Agency (“CPPA”) released a first draft of rules for automated decision-making technologies under California’s privacy law. The proposed rules revolve around providing notice of the technology’s use, opting out, and consumer access to business information. In general, the proposed rules would require businesses using automated decision-making technology … Continue reading
Norton Rose Fulbright Canada invites you to our annual technology, privacy and cybersecurity virtual summit. Navigating the evolving world of technology is not easy for companies today. From AI to effective company records management, privacy considerations, and cybersecurity breaches, there’s a lot to consider as businesses work to maximize operational effectiveness and minimize risk. Join … Continue reading
With most provisions of the Act to modernize legislative provisions as regards the protection of personal information (Act 25) having just come into effect on September 22, public bodies and enterprises (organizations) will now need to conduct privacy impact assessments (PIA) during various projects that involve personal information. A PIA is an impact analysis that takes all … Continue reading
On 18 July 2023, Singapore’s Personal Data Protection Commission (PDPC) issued its Proposed Advisory Guidelines on Use of Personal Data In AI Recommendation and Decision Systems (the Proposed AI Advisory Guidelines) for public consultation. The Proposed AI Advisory Guidelines address the following: The Proposed AI Advisory Guidelines may be accessed here. A brief summary of, … Continue reading
On July 20, 2023 HHS and the Federal Trade Commission (“FTC”) issued a joint letter to approximately 130 companies regarding their online data collection processes. The letter follows the much discussed December 1, 2022, Bulletin that expanded the kinds of websites and applications governed by HIPAA (you can read about our analysis of the bulletin … Continue reading
Introduction To enable international businesses to comply with cross-border personal data transfers and the relevant laws across the European Union (EU) and South-East Asia, on 24 May 2023 the European Commission and the Association of Southeast Asian Nations (ASEAN) published a Reference Guide to ASEAN Model Contractual Clauses (ASEAN MCCs) and EU Standard Contractual Clauses … Continue reading
On 19 June 2023, the UK Information Commissioner’s Office (the ICO) published guidance on privacy enhancing technologies (or PETs) (the Guidance). The Guidance sits alongside the ICO’s recommendation that organisations should, if they haven’t already, start using PETs to share personal data safely, securely and anonymously. Structure of the Guidance The Guidance is split into … Continue reading
On June 13, 2023, the Texas Governor signed HB4, making Texas the tenth state to have a comprehensive privacy law, joining California, Colorado, Connecticut, Montana, Virginia, and Utah (all in effect or going into effect in 2023), Montana and Tennessee (which, like Texas, go into effect in 2024), Iowa (effective 2025) and Indiana (effective 2026). … Continue reading
State privacy laws, such as the California Consumer Privacy Act (CCPA), require companies to implement opt-out solutions and honor applicable privacy requests. But if you have implemented an opt-out, how do you know it actually works? Read the full NT Analyzer blog, “Validating State Privacy Law Opt-Out Signals.”… Continue reading
In our previous update, we summarized key operational elements that businesses should be aware of under the proposed Consumer Privacy Protection Act (CPPA), and provided practical tips to help businesses comply with these new requirements. As currently drafted, the CPPA codifies a number of best practices and recommendations issued by the Office of the Privacy Commissioner of Canada … Continue reading
The Attorney General’s Department released its Privacy Act Review report on 16 February 2023, that includes the broad suite of reforms you would expect to bring Australia’s privacy laws in to line with both international standards and the reality of our data-based economy. These include enhanced data subject rights and increased accountability requirements for organisations collecting and … Continue reading
Across the globe, the race is already underway among vehicle manufacturers to develop fully autonomous vehicles (AVs). AVs currently under development make sense of their surroundings and control vehicle operation through data gathered about the outside world. Like other connected vehicles, AVs can also collect and use specific personal information about a driver (e.g., through … Continue reading
A ”bring your own device” (BYOD) program is a popular arrangement used by employers, whereby employees use their personal devices (e.g., smartphones, laptops, or tablets) for both personal and business purposes. Last year, about two-thirds of Canadian private sector employers had at least one employee using personal devices for business-related activities.[1] While the BYOD approach … Continue reading
Late December and early January tend to be a busy time for everyone, so you may have missed a privacy update or two during that time. We have set out some updates in the form of questions, with some links where you can find more information. Answers are below. 1. Colorado issued a revised draft … Continue reading
In three recent cases, the Court of Appeal for Ontario effectively curtailed the ability of privacy breach victims to advance claims under the tort of intrusion upon seclusion against organizations for failing to prevent unauthorized access to personal information by third parties. However, while these cases should provide some reassurance that a cyberattack may not … Continue reading
Introduction On 5 December 2022, the Information Commissioner’s office (ICO) published its new guidance on direct marketing (the Direct Marketing Guidance). The Direct Marketing Guidance is accompanied by various resources, including checklists, FAQs, an online training module, specific guidance relating to SMEs, B2B marketing, data brokers, political campaigning and direct marketing in the public sector. … Continue reading
On 13 December, the European Commission launched the process to adopt an adequacy decision for the EU-US Data Privacy Framework (EU-US DPF). The draft decision – available here – addresses the concerns raised by the Court of Justice of the European Union (CJEU) in its Schrems II decision of July 2020. These concerns centred around … Continue reading
Major privacy law reform in Australia gathered pace this week, with newly tabled legislation proposing to significantly increase penalties for privacy breaches, among other reforms. Now is the time to start asking questions In preparation for these reforms, companies that collect and process personal information should be asking the following questions: Do we know what … Continue reading