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Category Archives: Legislation

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My company isn’t a search engine. Why should I care about Google Spain?

Posted in Data Breach, Data Compliance & Security, EU Data Protection Regulation, European Court of Justice, European Union, Legislation, Privacy Litigation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) Google – along with the rest of us – is still considering the implications of the European Court of Justice’s May 13, 2014 decision that Google must remove links to a newspaper article containing properly published information about a Spanish individual on the basis… Continue Reading

Minnesota Proposes Expansive Amendment to Data Breach Notification Law

Posted in Data Breach, Data Breach Notification, Legislation

Two days ago, we heard that Target Corporation has brought in an information security heavy hitter to oversee the company’s post-breach data security and technology operations.  Now we learn that its home base of operations, Minnesota, is the latest state to propose a legislative reaction to the Target data breach. The Minnesota legislature has introduced an… Continue Reading

Congress Moves Critical Infrastructure Cybersecurity Bill

Posted in Cybersecurity, Legislation

On Wednesday, the House Homeland Security Committee passed a substitute bill for H.R. 3696, the National Cybersecurity and Critical Infrastructure Protection Act of 2013.  The committee substitute bill was broadly supported by both parties.  As it presently stands, H.R. 3696 delegates to the Department of Homeland Security  the responsibility for civilian cybersecurity research and development, incident detection… Continue Reading

California Moves to Restrict Collection of Consumer Personal Information Online: the Process, History and Politics Behind Senate Bill 383

Posted in Data Compliance & Security, Legislation, Privacy Litigation, Privacy Regulation

Written by Jake Romero The California Senate has passed a bill restricting the information that certain online retailers can collect in connection with consumer purchases.  Senate Bill 383 would amend Sections 1747.02 and 1747.08 of the California Civil Code to address the collection of customer information in connection with credit card purchases in online transactions… Continue Reading

New Timeline for Adoption of Definitive EU Data Protection Regulation

Posted in European Union, Legislation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The European Commission announced yesterday that it is working towards a revised timeline for the adoption of a definitive Data Protection Regulation by the end of 2014. While Commissioner Viviane Reding’s press release about finalizing the Regulation by the end of 2014 has been… Continue Reading

On the 9th Day of Privacy, the European Union Gave to Me . . .

Posted in Data Breach Notification, Data Compliance & Security, Employee Privacy, European Union, Legislation, Privacy Regulation

. . .  a delayed delivery notice for the biggest package of the holiday season! Written by Susan Foster, Solicitor, England & Wales/Admitted in California, CIPP-E (LONDON) Major changes are on the way in Europe that will have a significant impact on companies anywhere in the world that collect or process personal data of residents… Continue Reading

Data Brokers Under Scrutiny

Posted in Legislation, Privacy Regulation

The Senate Commerce Committee released this morning its majority staff report, A Review of the Data Broker Industry: Collection, Use, and Sale of Consumer Data for Marketing Purposes, on the practices data brokers use to collect and sell personal information of consumers and how those practices affect the privacy of hundreds of millions of Americans. … Continue Reading

On the Third Day of Privacy, My Smartphone Followed Me…

Posted in Legislation, Mobile Privacy, Uncategorized

Written by Amy Malone, CIPP/US In 2013 geolocation and biometrics were hot topics.  Apple included a fingerprint reader on the new iPhone which was either really cool or an epic fail depending on your viewpoint, and Google and the NSA are tracking our every move. While Edward Snowden’s revelations may have been eye opening (and… Continue Reading

On the Second Day of Privacy, California Gave to Me……

Posted in Children, Data Breach Notification, Data Compliance & Security, Legislation, Privacy Regulation

Well, the headlines don’t exactly work with the traditional tune, but blame the editor for that….. Written by Jake Romero, CIPP/US 2013 was a busy year for California.  We passed a budget with a surplus, let Kim and Kanye get engaged in one of our stadiums and panicked over possibly losing Sriracha sauce.  At the… Continue Reading

European Commission Proposes New Ground Rules for US Safe Harbor

Posted in Data Compliance & Security, European Union, Legislation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The European Commission, which has the authority to make changes to the US Safe Harbor program, has published a paper titled “Rebuilding Trust in EU-US Data Flows” that sets out the changes that the Commission would like to see the US adopt.  While it… Continue Reading

Key EU Parliament Committee Endorses Revised Draft of Data Protection Regulation

Posted in Data Compliance & Security, European Union, Legislation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) As widely expected, the European Parliament’s Committee on  Civil Liberties, Justice and Home Affairs (LIBE) voted today in favor of a revised, even tougher draft of the Data Protection Regulation that will (if finally adopted) replace the EU’s current laws regarding the collection and… Continue Reading

Washington Focus – Post-Labor Day

Posted in Legislation, Privacy Regulation, Security

Our Washington affiliate, ML Strategies, has prepared the following post-Labor Day Preview of important issues likely to receive attention in the remaining months of the year. CYBERSECURITY Cybersecurity continues to be a high priority for both Congress and the Administration in 2013.  After President Obama issued Executive Order 13636, Improving Critical Infrastructure Cybersecurity, the Department… Continue Reading

California Update: What Can Brown Do for You? What You Need to Know About the Two Data Privacy Bills Headed to the Desk of California’s Governor

Posted in Legislation, Online Advertising, Privacy Regulation

Two data privacy bills, Assembly Bill 370 and Senate Bill 568 have been sent to California Governor Jerry Brown for signature.  As we previously reported, A.B. 370 would require commercial websites or online services that collect personally identifiable information to disclose how that site or service responds to “do not track” signals or similar mechanisms. … Continue Reading

New Tools from the UK’s Information Commissioner’s Office: How to Respond to Subject Access Requests

Posted in Data Compliance & Security, European Union, Legislation, Privacy Litigation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The UK ICO has come through yet again with some clear guidance as to how to apply the UK’s data protection laws in connection with requests by individuals for access to their personal data.  While we are waiting with bated breath for a final… Continue Reading

Welcome to Privacy Monday

Posted in Data Breach, Data Breach Notification, Legislation, Uncategorized

Welcome to a new feature of Privacy & Security Matters – Privacy Monday. We will start your week with a fresh collection of privacy tidbits, goofs and gaffes. Tip:  Make Sure Your Employee Files are Distinguishable from Customer Merchandise A Cambridge, Massachusetts Banana Republic customer got a lot more than she ordered.   When she opened… Continue Reading

The Great Disappearing Acts: California Considers Two Bills Addressing the Removal of Online Information of Minors

Posted in Children, Legislation, Privacy Regulation

Written by Jake Romero Do you ever find yourself worrying that, given the types of things minors deem appropriate to post on social networking Web sites like Facebook and Twitter, our country won’t be able to produce an electable candidate for president in 40 years?  If so, you’ll be glad to know that the California… Continue Reading

EU Data Protection Regulation: and the horizon recedes again . . .

Posted in European Union, Legislation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) We recently wrote that a crucial committee vote on the new EU Data Protection Regulation had been pushed back until May 29-30.   The vote has been delayed again until an unspecified future date, although Jan Phillip Albrecht, the MEP who is one of the… Continue Reading

EU Data Protection Regulation: Looming closer . . .

Posted in European Union, Legislation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The draft of the new Data Protection Regulation, the first EU privacy law with highly serious teeth in the form of fines based on global turnover, continues to wend its way through various committees of the European Parliament (EP).  The European Parliament recently pushed… Continue Reading

REMINDER — Webinar: The New HIPAA Omnibus Rule and Your Liability: TOMORROW

Posted in HIPAA/HITECH, Legislation, Privacy Regulation

Don’t forget to register! Mintz Levin is presenting a webinar on January 30,2013 to discuss the impact of the HIPAA Omnibus Rule - the first, sweeping overhaul of the HIPAA privacy and security rules in a decade. Covered entities will want to participate to catch up on the finer details. Business associates and downstream entities – e.g., subcontractors, cloud providers, data storage… Continue Reading

Data Privacy Day 2013 Post #3 — Look out for the Maryland Privacy Police!

Posted in Data Compliance & Security, Legislation, Privacy Regulation

Maryland’s Attorney General, Douglas Gansler, announced today that Maryland has a new Internet Privacy Unit to monitor the data collection practices of online companies.    According to the Attorney General’s press release,  the Internet Privacy Unit will monitor companies to ensure they are in compliance with state and federal consumer protection laws, including the Children’s Online Privacy… Continue Reading

Cybersecurity in the 113th Congress

Posted in Data Breach, Data Breach Notification, Legislation, Privacy Regulation, Security

The 113th Congress will bring new leadership to the House Homeland Security Committee and the Senate Homeland Security and Government Affairs Committees — all responsible for cybersecurity issues.  President Obama is expected to release an Executive Order (based on the draft circulated in late November 2012) very soon, perhaps before the State of the Union… Continue Reading

Cybersecurity and Privacy Issues in the Lame Duck and 113th Congress

Posted in Legislation, Privacy Regulation

With a victory in last week’s election for President Obama, there is an increased chance for an Executive Order on Cybersecurity before the end of the year.   Our colleagues at ML Strategies have published a post-election analysis of telecommunications issues, including cybersecurity and privacy and that analysis is available here – ML Strategies Legislative Alert… Continue Reading

FTC Issues Long-Awaited Privacy Report

Posted in Federal Trade Commission, Legislation, Online Advertising, Privacy Regulation

Written by Adam Veness Earlier today, the FTC held a press conference and issued a final report setting forth best practices for businesses to protect American consumers and to provide consumers with greater control over the collection and use of their data.  You can find the full report here:  Final Commission Report on Protecting Consumer… Continue Reading