Posted in Regulatory response
On January 16, 2018, in Byrne v. Avery, the Connecticut Supreme Court unilaterally created a new state law cause of action for violation of a patient’s health care privacy.… Continue reading
Posted in Regulatory response
Illegal robocalls are a “scourge.” So says FCC Chairman Ajit Pai, and most consumers likely agree. Both the FCC and the FTC (each of which has jurisdiction over some aspects of telemarketing regulation) are actively pursuing ways to curb illegal and fraudulent robocalls. The FCC issued a report and order in November 2017 authorizing telecommunications … Continue reading
Posted in Regulatory response
February 15, 2018, is quickly approaching and any entity subject to New York’s cybersecurity regulation (23 NYCRR Part 500) must file its first annual certification of compliance with the New York State Department of Financial Services (DFS) by that date. New York imposes cybersecurity requirements on all entities (covered entities) subject to the jurisdiction of … Continue reading
Posted in Regulatory response
Privacy compliance will become even more important for all companies in Australia now that the mandatory data breach notification scheme has been enacted. From 22 February 2018, certain data breaches (known as “eligible data breaches”) will need to be notified to the Australian Privacy Commissioner and affected individuals. Previously, notification of data breaches was optional.… Continue reading
Posted in Regulatory response
The Standardization Administration of China issued an Information Security Technology – Personal Information Security Specification,
which will come into effect on 1 May 2018.… Continue reading
Posted in Regulatory response
This week, the US Department of Health and Human Services HHS Office for Civil Rights published a January 2018 newsletter focusing on cyber extortion.… Continue reading
Posted in Regulatory response
A new state law places California businesses on the front line in responding to federal immigration enforcement actions. Effective January 1, 2018, AB 450 requires California employers to protect employees and their private information from warrantless “workplace raids” and I-9 form demands, and to warn employees who become targets of an immigration investigation.… Continue reading
Posted in Regulatory response
The National Defense Authorization Act of 2018 (NDAA),[1] signed into law in December 2017, did not only authorize United States defense spending for the 2018 fiscal year – it also contained a section devoted to unmanned aerial systems.… Continue reading
Last week, South Dakota moved closer to implementing a data breach notification law, while Colorado legislators introduced a new bill requiring “reasonable security procedures,” imposing data disposal rules and shortening the time frame in which to alert authorities regarding a breach. South Dakota and Colorado are the latest states taking steps in cybersecurity lawmaking in … Continue reading
Posted in Regulatory responseOn January 24, 2018, the governing body for credit and debit cards, known as the Payment Card Industry (PCI) Security Standards Council, announced a new set of security requirements designed to address an increasingly popular way that merchants offer to consumers to pay for purchases: smartphones and tablets. … Continue reading
Posted in Regulatory response
Turkey continues to further develop its data protection regime. Recent developments include publication of a regulation and a guideline focusing on deletion, destruction and anonymization of personal data. These new pieces of legislation provide guidance on the methods to be used to remove personal data, which was previously processed and is no longer needed. Data … Continue reading
On the 7th August 2017, the UK’s Government Department for Digital, Culture, Media and Sport issued a Statement of Intent (the Statement) outlining its planned reforms of the UK’s data protection laws which are to be implemented by the Data Protection Bill (the Bill). The Statement anticipates the UK’s departure from the EU and makes … Continue reading
On August 1, 2017, US Senators unveiled a bipartisan bill to mandate baseline cybersecurity requirements for internet connected devices purchased by the federal government. Recent attacks demonstrate that connected devices, which make up the Internet of Things (“IoT”), can paralyze websites, networks, and even components of critical infrastructure. The draft bill, introduced by a bipartisan … Continue reading
On July 11, 2017, the US Coast Guard (USCG) and the Department of Homeland Security (DHS) proposed new cybersecurity draft guidelines for Maritime Transportation Security Act (MTSA) regulated facilities. The guidelines follow the White House’s May 2017 Executive Order to strengthen the cybersecurity of critical infrastructure. The draft guidelines are open for public comment until … Continue reading
A director of a Hong Kong company has been convicted of an offence under the Personal Data (Privacy) Ordinance (“PDPO”). This is the first conviction of its type under the PDPO since the law came into effect in 1996, confirming the potential for directors’ liability under the law.… Continue reading
This is the first of a two-part series discussing the privacy and security issues associated with the widespread use of automated vehicle technology. This first post focuses on potential privacy issues, while the second post – coming soon – will address security issues. Background As the development and testing of self-driving car technology has progressed, the … Continue reading
Overview: On 10 July 2017, the Singapore Government unveiled its draft Cybersecurity Bill (the Bill) and announced a public consultation to seek views and comments from the industry and members of public. The public consultation runs from 10 July to 3 August 2017.This Bill comes on the back of various moves by the Singapore Government … Continue reading
Broker-dealers and investment advisers in Colorado will soon be required to comply with new rules designed to protect the electronic information they collect and maintain. On May 19, 2017, the Colorado Division of Securities adopted final cybersecurity rules under the Colorado Securities Act. In addition to requiring written procedures that are “reasonably designed to ensure … Continue reading
On May 23, 2017, it was announced that Target Corporation had settled the investigation initiated by the Attorneys General[1] of 47 states and the District of Columbia resulting from its 2013 data security incident. Besides the $18.5 million being paid (the largest State AG data breach settlement amount to date), it is the promised remedial … Continue reading
We have just received a revised draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (Measures). Here we outline the changes made to the draft Measures first issued on 11 April 2017 for public comment (see our previous briefing and blog post here). The revised draft is … Continue reading
On May 11th, 2017, the White House released an executive order on strengthening the cybersecurity of federal networks and critical infrastructure (the “Order”). The Order marks the administration’s first successful effort to address cybersecurity, after an earlier draft executive order on cybersecurity was postponed in January. The Order is divided into three substantive sections covering … Continue reading
The Cyberspace Administration of China (CAC) issued draft measures for implementing the data localisation provisions under the Cybersecurity Law of China (Cybersecurity Law) and the National Security Law of China on 11 April 2017. The draft regulations are open for public comment until 11 May 2017.… Continue reading
