Libbie Canter

Libbie Canter

Libbie Canter is a member of the Communications & Media, Data Privacy and Cybersecurity, and Litigation Practice Groups. She represents and advises clients on matters before Congress and various federal agencies, including the Federal Communications Commission and the Federal Trade Commission.  She has advised clients on a broad range of privacy issues, including data security breach matters, online and mobile marketing, and social networking policies for employers.  Her legislative work focuses on the areas of communications and media, privacy law, and cloud computing policy.

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California Legislature Adopts CCPA Exemption for Information Deidentified in Accordance with the HIPAA Privacy Rule

By Libbie Canter and Tara Carrier on Posted in California Consumer Privacy Act (CCPA), Health Privacy
On September 1, the California legislature passed AB 713, a bill that creates a new healthcare-related exemption under the California Consumer Privacy Act of 2018 (“CCPA”).  All provisions of the bill will take effect immediately to prevent the CCPA from “negatively impact[ing] certain health-related information and research,” except for the required contractual provisions described below. … Continue Reading

California Legislature Extends CCPA’s Employment and Business-to-Business Exemptions

By Danielle Kehl, Lindsey Tonsager and Libbie Canter on Posted in California Consumer Privacy Act (CCPA), Data Privacy, Data Security, United States
The California legislature has approved a contingency plan to ensure that certain California Consumer Privacy Act (“CCPA”) exemptions will be extended beyond December 2020.  Regardless of what happens with the November ballot initiative, businesses will have at least another year before they must comply with all of the CCPA’s provisions when collecting or using certain … Continue Reading

Final CCPA Regulations Take Effect With Modification; Extension of Employee and Business-to-Business Exemptions Advances

By Danielle Kehl, Lindsey Tonsager, Yaron Dori, Libbie Canter and Alexandra Scott on Posted in California Consumer Privacy Act (CCPA), Data Privacy, Privacy and Data Security, United States
Two developments in the past week will likely have a significant impact on businesses subject to the California Consumer Privacy Act (“CCPA”): the long-awaited CCPA regulations have been finalized and put into immediate effect with modifications, while at the same time it seems increasingly likely that the exemptions for employees’ and business-to-business contacts’ data will … Continue Reading

California Legislature Advances Privacy Legislation

By Libbie Canter, Lindsey Tonsager, Rebecca Yergin and Claire O'Rourke on Posted in California Consumer Privacy Act (CCPA), Data Privacy, Data Security, Health Privacy, State Legislatures
Today, the California Senate Judiciary Committee will consider AB 1281, which would extend the California Consumer Privacy Act’s (CCPA) business-to-business and employment exemptions until January 1, 2022, in the event that the pending ballot initiative—which also would extend the exemptions—does not pass this November. In addition, the Committee will consider two contact tracing measures, AB … Continue Reading

CCPA Update: Final Rulemaking Package Submitted to OAL

By Libbie Canter, Lindsey Tonsager and Rafael Reyneri on Posted in California Consumer Privacy Act (CCPA)
The California Attorney General (“AG”) has submitted his proposed final CCPA regulations to the California Office of Administrative Law (“OAL”). The proposed final rules substantively are the same as the draft rules released for public notice on March 11, which we summarized previously here.   However, the AG’s responses to comments and Final Statements of Reasons … Continue Reading

CCPA 2.0 And Where We Go From Here

By Lindsey Tonsager, Libbie Canter, Alexandra Scott and Danielle Kehl on Posted in California Consumer Privacy Act (CCPA), Data Privacy, Privacy and Data Security, State Legislatures, United States
 On May 4th, 2020, Californians for Consumer Privacy confirmed that they had submitted hundreds of thousands more signatures than required to qualify for a ballot initiative. It is still yet unknown whether the Attorney General will qualify the ballot for the November 2020 election, let alone whether it would pass. If the initiative passes, it … Continue Reading

COVID-19 Cybersecurity Advice: FTC, NIST, and CISA Release Guidance on Secure Teleworking and Critical Infrastructure Jobs

By Ashden Fein, Trisha Anderson, Libbie Canter and Caleb Skeath on Posted in COVID-19, Data Security, Federal Trade Commission, Standards
In response to the drastic increase of U.S. employees working remotely, the U.S. Federal Trade Commission (“FTC”) and the U.S. National Institute of Standards and Technology (“NIST”) have both issued guidance for employers and employees on best practices for teleworking securely.  In addition, the Cybersecurity and Infrastructure Security Agency (“CISA”) has provided advice on identifying … Continue Reading

California AG Releases Draft CCPA Regulations: Round 3

By Libbie Canter, Lindsey Tonsager and Alexandra Scott on Posted in California Consumer Privacy Act (CCPA), Data Privacy, State Legislatures, United States
In the latest development in the CCPA saga, the California Attorney General has further modified the draft regulations implementing the California Consumer Privacy Act (“CCPA”). His office’s website posted clean and redlined versions of the new regulations (the “March draft regulations”). Below, please find a summary of some of the most notable changes:… Continue Reading

Key COVID-19 Issues for Privacy and Cybersecurity Professionals

By Trisha Anderson, Libbie Canter and Yan Luo on Posted in China, Cybersecurity, Data Privacy, EU Data Protection, European Union, Financial Privacy, Health Privacy, Privacy and Data Security
Covington experts on issues as varied as supply chain and other commercial contracts, employment, and insurance are supporting companies on the commercial implications of Coronavirus COVID-19.  But this blog post provides a brief overview of some of the key issues that privacy and cybersecurity professionals should have top of mind in dealing with response efforts.  … Continue Reading

State Privacy Trends to Watch in 2020

By Libbie Canter on Posted in California Consumer Privacy Act (CCPA), State Legislatures
While all eyes are on California following the implementation of the California Consumer Privacy Act (“CCPA”) earlier this month and the start of enforcement later this year, other states are off to the privacy races already.  On Monday, Washington State became the latest entrant with the introduction of a revised Washington Privacy Act. From the … Continue Reading

State Legislatures Are Off to the Privacy Races, With New Hampshire in the Lead

By Libbie Canter, Lindsey Tonsager and Alexandra Scott on Posted in California Consumer Privacy Act (CCPA), Data Privacy, Data Security, State Legislatures, United States
While some state legislators are still putting away their holiday decorations, New Hampshire legislators introduced new data privacy legislation, New Hampshire House Bill 1680.  The legislation is similar to the California Consumer Privacy Act (which we’ve written extensively about before, including here and here).  It grants consumers access, portability, transparency, non-discrimination, deletion, and opt-out-of-sale rights … Continue Reading

State Privacy Laws Have the Potential to Haunt Industry

By Libbie Canter and Lindsey Tonsager on Posted in California Consumer Privacy Act (CCPA), State Legislatures, United States
With less than two months until it goes into effect, many practitioners are focused on bringing their programs into compliance with the California Consumer Protection Act (“CCPA”) by January 1, 2020.  But the rapid pace of privacy legal developments could continue next year.  This past year, five states established studies or task forces to study … Continue Reading

California Legislature Passes CCPA Amendments and Privacy Bills

By Lindsey Tonsager, Libbie Canter and Sarah Guerrero on Posted in California Consumer Privacy Act (CCPA), State Legislatures
Last week, after months of negotiation and speculation, the California legislature passed bills amending the California Consumer Privacy Act (“CCPA”).  This marked the last round of CCPA amendments before the legislature adjourned for the year—and before the CCPA takes effect on January 1, 2020.  California Governor Gavin Newsom has until October 13 to sign the … Continue Reading

FTC Proposes to Add Detailed Cybersecurity Requirements to the GLBA Safeguards Rule

By Mike Nonaka, Libbie Canter, David Stein and Sam Adriance on Posted in Federal Trade Commission, Financial Privacy
On March 5, 2019 the Federal Trade Commission (“FTC”) published requests for comment on proposed amendments to two key rules under the Gramm-Leach-Bliley Act (“GLBA”).  Most significantly, the FTC is proposing to add more detailed requirements to the Safeguards Rule, which governs the information security programs financial institutions must implement to protect customer data. In … Continue Reading

Covington Attorneys Author Chapter on the Challenges of Managing Third-Party Outsourcing Risks

By Libbie Canter on Posted in Cloud Computing, Cybersecurity, Data Security, Emerging Technologies, Technology Transactions
As businesses increasingly work with various types of third parties that process sensitive information and, in some cases, access a company’s networks, there is an inherent risk:  these third parties create new avenues of attack against a company’s data, systems, and networks.   Covington attorneys David Fagan, Nigel Howard, Kurt Wimmer, and Elizabeth Canter describe these … Continue Reading

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

By Libbie Canter on Posted in Advertising & Marketing, Data Security, Emerging Technologies, Mobile Online, Privacy Policies
Earlier this week, the Online Trust Alliance released a draft framework of best practices for Internet of Things device manufacturers and developers, such as connected home devices and wearable fitness and health technologies.  The OTA is seeking comments on its draft framework by September 14. The framework acknowledges that not all requirements may be applicable … Continue Reading

Covington at #SXSW 2015: Members of Congress Discuss Future of Privacy

By Libbie Canter on Posted in Congress, United States
Although Senator Rand Paul (R-KY) may have received the most attention for his attendance at South by Southwest (“SXSW”) Interactive, many other members of Congress were represented this year.  Continuing our coverage of the conference, this past weekend we attended a panel on “The Future of Privacy,” featuring congressional representatives Darrell Issa (R-CA), Suzan DelBene … Continue Reading

Covington at #SXSW 2015: MIT Professors “Tackle Privacy”

By Libbie Canter on Posted in United States
South by Southwest (“SXSW”) Interactive kicked off last week, and Covington was there once again to cover privacy.  One panel of interest that we attended, entitled “Data (in)Security: MIT Scientists Tackle Privacy,” featured MIT professors Danny Weitzner, Ronald Rivest, and Sam Madden discussing their current research and related privacy issues.  All three hail from MIT’s Computer … Continue Reading

White House Privacy Bill: A Deeper Dive

By Libbie Canter on Posted in Advertising & Marketing, Congress, Mobile, Online, Privacy Policies, United States
As we reported earlier today, the long-awaited White House draft of privacy and data security legislation has been released. While the United States does not today have a comprehensive privacy and data security law, the proposed Consumer Privacy Bill of Rights would impose a suite of substantive privacy and data security obligations across sectors and … Continue Reading

White House Privacy Bill Is Released

By Libbie Canter on Posted in Advertising & Marketing, Federal Trade Commission, Mobile, Online
The White House’s much anticipated draft privacy legislation has now been released.   We are digesting its content now and will post an update with some additional comments shortly. The draft appears to include an expansive definition of “personal data.”  In addition, early press reports note that the draft bill would require companies to inform consumers and … Continue Reading

New York Attorney General Unveils Data Breach Proposal

By Libbie Canter on Posted in Data Breaches, Data Security, Uncategorized
On the heels of a number of well-publicized data security breaches, a White House data breach proposal, and California’s recent changes to its data breach notification statute, New York Attorney General Eric Schneiderman has announced that he will propose legislation to strengthen New York’s data breach notification law.   The legislation had not been made public … Continue Reading

NIST Works on Building Privacy Engineering Guidelines

By Libbie Canter on Posted in Uncategorized
The National Institute of Standards and Technology publishes security risk management standards and guidance that apply to public entities but have been influential throughout the private sector.  Now, NIST is looking to provide similar guidance on privacy risk management, holding its Second Privacy Engineering Workshop earlier this week to consider draft privacy engineering definitions and … Continue Reading
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