Global Privacy & Security Compliance Law Blog

Tag Archives: Developments NA

Keeping Your Company’s Data Safe This Tax Season

By Jennifer Archie and Alex Stout Tax-related identity theft is nothing new, but tax season 2016 took tax schemes to a new level. Last year, our cyber experts advised a large cluster of clients (public and private companies) over a period of only two weeks, following a nationwide explosion of deviously simple attacks—mostly targeted at … Continue Reading

FCC Issues New Privacy Regulations for Broadband Providers

By Matt Murchison and Alex Stout Today, the US Federal Communications Commission (FCC) approved far-reaching new information privacy rules that will govern how providers of broadband Internet access service collect, use, protect, and share data from their subscribers. These new rules, which were adopted by a 3 to 2 vote, are intended to fill a … Continue Reading

“Hacking” Warrants: A Question of Procedure or Substance?

By Serrin Turner Typically, the process for amending the Federal Rules of Criminal Procedure is a sleepy affair. Proposed amendments wend their way through a series of judicial committees and, if approved by the Supreme Court, take effect automatically by the end of the year. Theoretically, Congress may choose to intervene and block the change – … Continue Reading

Are Changes in Store for the Stored Communications Act?

By Serrin Turner Last week saw action on two fronts regarding the Stored Communications Act (SCA) – the US federal statute regulating government searches of online accounts in criminal investigations. In Congress, a proposal to reform the SCA advanced in the House; and in the courts, Microsoft sued to challenge a provision of the SCA as … Continue Reading

Analysis of the FCC’s Proposed Broadband Privacy Regulations

By Amanda Potter and Alex Stout As we highlighted in a post last month, the FCC has proposed sweeping new privacy rules on broadband providers. Since our last post, the FCC has released its proposal in the form of a Notice of Proposed Rulemaking. This proposal would institute new customer privacy and data breach rules … Continue Reading

FCC Proposes Broad Privacy Regulations for Broadband Providers

By Matt Murchison and Alex Stout Last week, the FCC announced that Chairman Tom Wheeler had circulated a Notice of Proposed Rulemaking (NPRM) on implementing Section 222’s privacy obligations for broadband providers. Section 222’s requirements were originally crafted for telephone companies, and were first applied to broadband providers as part of the 2015 Open Internet … Continue Reading

Proposal of EU-US Privacy Shield Leaves Businesses in State of Uncertainty

By Ulrich Wuermeling, Gail Crawford and Jennifer Archie Earlier this week, the European Commission announced that a “political” agreement has been reached on a new framework for data flows from the EU to the US. The announcement highlights a few changes from the old Safe Harbor regime, such as more direct and active oversight by US … Continue Reading

FTC Administrative Law Judge Issues Initial Decision in LabMD Matter

By Jennifer Archie, Scott Jones and Alex Stout In a stunning victory, an administrative law judge has recommended the dismissal of a long-pending US Federal Trade Commission (FTC) complaint against LabMD, Inc. (LabMD). In a strongly worded opinion in a case that had become highly politicized following 2014 congressional hearings, ALJ D. Michael Chappell found … Continue Reading

DIFC in Dubai Says Transfer to US Cannot Rely on Safe Harbor

By Brian Meenagh On October 26, 2015, Raja Al Mazrouei, the Commissioner for Data Protection for the Dubai International Financial Centre (the DIFC), issued guidance on the adequacy of US Safe Harbor for the purpose of exporting personal data from the DIFC. The guidance is significant for organisations that transfer personal data from the DIFC to the … Continue Reading

European Commission Pushes New Agreement with the US

By Ulrich Wuermeling On October 26, the European Commissioner Věra Jourová addressed the Parliament Committee on Civil Liberties, Justice and Home Affairs to discuss the consequences of the Schrems Judgment of the Court of Justice of the European Union (ECJ). Jourová commented on the status of the negotiations with the US to find a new solution … Continue Reading

German Data Protection Authorities: Hope for Model Contracts?

By Ulrich Wuermeling An early Position Paper of the German data protection authority of Schleswig-Holstein on the Schrems Judgment of the Court of Justice of the European Union (ECJ) gave little hope for practical alternatives to Safe Harbor. On October 26, all German data protection authorities published a more reasoned joint Statement that follows the … Continue Reading

European Data Protection Authorities Grant Grace Period Until End of January 2016

By Gail Crawford, Ulrich Wuermeling and Jennifer Archie The so called Article 29 Working Party met on October 15, 2015 to discuss the consequences of the Schrems Judgment of the European Court of Justice (ECJ). On October 16, 2015, the Working Party published a Statement summarizing their initial conclusions. The Working Party includes representatives of … Continue Reading

European Court of Justice: Safe Harbor Decision Is Invalid!

By Jennifer Archie, Gail Crawford and Ulrich Wuermeling On October 6, the European Court of Justice ruled that Decision 2000/520 of the European Commission, which stated that Safe Harbor-certified US companies provide adequate protection for personal data transferred to them from the EU (the Safe Harbor Adequacy Decision), is invalid (Case C-362/14 – Maximillian Schrems … Continue Reading

FCC Releases New Clarifications Regarding the TCPA

On July 10, the Federal Communications Commission (“FCC”) released the text of a Declaratory Ruling and Order, initially adopted on June 18, that provides various clarifications regarding the Telephone Consumer Protection Act of 1991 (“TCPA”) and the FCC’s existing rules. The proceeding that led to the Order attracted widespread attention and was the result of nearly … Continue Reading

FCC Finds Fault in User Agreement and Issues Stern Guidance for Telemarketing Calls

June is proving to be a very active month for the US Federal Communications Commission (FCC) in construing the Telephone Consumer Protection Act, including what sorts of consumer interactions are sufficient to meet the requirements for consent to receive marketing or other messages. This post reports on an extraordinary warning letter issued to PayPal, criticizing … Continue Reading

Snowden’s Legacy: Safe Harbor under fire at the CJEU

This week the Court of Justice of the European Union (‘CJEU’) heard a case that could destabilise data flows between the US and EU under the EU-US Safe Harbor Decision. In Schrems v Data Protection Commissioner(C-362/14), the same court that last year approved the “right to be forgotten” online heard evidence about the adequacy of … Continue Reading

SEC Issues Regulation SCI Upping Information Security Requirements for Key Market Participants

The SEC today published in the Federal Register its Regulation SCI (Regulation Systems Compliance and Integrity), which requires key market participants to have and implement written policies and procedures reasonably designed to ensure the availability, confidentiality and integrity of their systems as necessary to assure the fair and orderly operation of the markets.  Among the … Continue Reading

The “Right to be Forgotten” Landmark Decision: Beyond the Headlines

By Larry Cohen and Gail Crawford While the popular press has been full of stories about the European Court of Justice’s (“ECJ”) ruling creating a “right to be forgotten” (ahead of the still pending Data Protection Regulation), we will focus on both the ruling as well as the specific questions referred to the ECJ that … Continue Reading

Eight Key Takeaways from FTC’s Settlement with Snapchat

By Jennifer Archie, Kevin Boyle & Alex Stout Yesterday, the Federal Trade Commission announced a settlement with Snapchat, the young mobile messaging company. The complaint alleges misrepresentations about functionality and related security as well as privacy violations, including misrepresenting the amount of data Snapchat collected from users and the use of location data for analytics … Continue Reading

Complaint That Sale of Magazine Subscription Lists Violates Michigan’s Video Rental Privacy Law Sustained

By Kevin Boyle In a case that is a good reminder of the potential reach of sometimes overlooked state legislation to national practices, the U.S. District Court for the Eastern District of Michigan has sustained the core of several complaints for violation of Michigan’s Video Rental Privacy Act. Among other arguments, defendants in the cases asserted that the … Continue Reading
LexBlog