Perspectives on Privacy, Data Protection & Data Security

The California Office of the Attorney General (OAG) recently released a report detailing a comprehensive analysis of the data breaches reported to the OAG between 2012 and 2015.

The Federal Trade Commission recently issued warning letters to companies whose mobile applications contain cutting-edge software that can monitor consumers’ television viewing habits.

Anthony Lupo will speak on a panel at the 2016 Legal & Regulatory Conference hosted by the Personal Care Products Council.

On April 14, 2016, the European Union formally adopted a new scheme – known as the EU General Data Protection Regulation (GDPR) – to protect the personal data of European residents.

Data breach notifications may be more common in Tennessee. Notably, the Governor recently signed into law a bill updating the current breach notification requirements by (a) requiring notice even where data is encrypted, (b) requiring notice within 45 days of discovery of the breach (barring a law e

On April 13, 2016, the Article 29 Working Party released its opinion on the EU-US Privacy Shield.

In the wake of the recent ransomware attack on Hollywood Presbyterian Medical Center, news reports have emerged that at least three more medical centers and a large health care system have been the victims of these attacks.

Costco Wholesale Corporation recently moved to dismiss a class action lawsuit alleging that the discount retailer printed more than the last five digits of a customer’s credit card number on her receipt, in violation of the Fair and Accurate Credit Transactions Act.

Following a settlement, ASUSTeK must maintain a comprehensive security program and endure 20 years of independent audits. The onus is on technology companies to ensure reasonable security measures and practices.

Cybersecurity may have rocketed to the top of management’s priority list in the wake of the recent cyberattack on Hollywood Presbyterian Medical Center (HPMC) that left the hospital unable to access some of its computer systems for ten days.

More details are still to come regarding the potential replacement to the invalidated Safe Harbor data transfer mechanism, the EU-US Privacy Shield.

On January 15, 2016, the National Highway Traffic Safety Administration (NHTSA) and 18 automakers pledged to work together to enhance safety and improve recalls. In addition, the automakers agreed to voluntarily work with the government to identify cybersecurity threats to cars and light trucks.

This morning, the European Commission and US Department of Commerce agreed on a Safe Harbor replacement deal, rebranded as the EU-US Privacy Shield.

The Federal and Trade Commission recently released a report outlining the benefits and risks involved in using big data.

The EU Commission, Parliament, and Council of Ministers recently reached an agreement on the General Data Protection Regulation (GDPR).

Earlier this month, Arent Fox counsel James Westerlind published an article with Mealey’s Emerging Insurance Disputes that details how cybersecurity risks are impacting insurance policies. 

The Network Advertising Initiative (NAI), an advertising industry trade group for third-party advertisers, recently released the 2015 update to its Mobile Application Code.

The FTC may start to scrutinize marketers that engage in cross-device tracking. Advertisers engaged in cross-device tracking should review their online disclosures to ensure that the tracking is adequately described.

Multinational businesses and EU member states are currently making ad hoc decisions to regulate data transfer to the US. To address the chaos, several EU data protection authorities have issued new guidance.

Banks are a key target for hackers, and finance hub New York aims to set first state regulations in this space. While the cyber regulatory landscape continues to shift, companies should constantly analyze and update security measures as compliance does not guarantee security.

The Federal Trade Commission has lost an important mechanism for privacy and data security enforcement in data flowing across the Atlantic with the invalidation of the Safe Harbor framework, according to Commissioner Julie Brill.

The decision caused international panic and businesses will be asked questions about their data protection practices. It is important to check where Safe Harbor is built into current agreements and evaluate both business-to-consumer and business-to-business relationships.

These action items will not only put you in a better position when a breach arises, but you will have the right answers when a regulator calls.

The EU’s top court could rule the Safe Harbor framework is ineffective to allow data to flow across the Atlantic and as companies await the Oct. 6 decision, they should consider other options for transfer of data from the EU to the US.