Inside Privacy

Subscribe to all posts by Inside Privacy

Legislation Introduced in House and Senate to Establish Drone Privacy Rules

By Stephen Kiehl Continuing their focus on drone privacy issues, Senator Edward J. Markey (D-Mass.) and Rep. Peter Welch (D-Vt.) introduced legislation in the House and Senate this month that would require drone operators to create policies covering data collection and retention and require warrants for law enforcement agencies to conduct surveillance by drone. The … Continue Reading

Italian DPA Issues Record Data Privacy Fine

By Luca Tosoni and Dan Cooper On 2 February 2017, the Italian DPA (“Garante”) imposed a record fine of 5,880,000 Euros on a UK company operating in Italy for its violation of the data privacy consent rules contained in Italian law.  This is the largest data privacy fine ever issued by a European data protection … Continue Reading

CDRH Releases Postmarket Cybersecurity Final Guidance

By Christopher Hanson On December 28, 2016, CDRH announced the publication of the final guidance “Postmarket Management of Cybersecurity in Medical Devices.”  In a separate post, we reported on the January 22, 2016 draft version of this guidance document.  The final guidance provides FDA’s recommendations on a risk-based framework for medical device manufacturers to assess and … Continue Reading

China Seeks Comment on Seven Draft Cybersecurity and Data Privacy National Standards

By Tim Stratford and Yan Luo China’s National Information Security Standardization Technical Committee (“NISSTC”), a standard-setting committee jointly supervised by the Standardization Administration of China (“SAC”) and the Cyberspace Administration of China (“CAC”), released seven draft national standards related to cybersecurity and data privacy for public comment on December 21, 2016.  The public comment period … Continue Reading

Inside Privacy Named to ABA Blawg 100

We’re honored to announce that InsidePrivacy has been included in the American Bar Association’s Annual Blawg 100, the ABA’s annual list of 100 best law blogs, for 2016.  In including InsidePrivacy in its tenth anniversary list of top blogs, the ABA noted:  “Covington & Burling bloggers address the struggles of courts and governments around the … Continue Reading

FTC Seeks Rehearing of Ninth Circuit Dismissal of Throttling Suit

Last week, the Federal Trade Commission (“FTC”) filed a petition for en banc (full court) review of a Ninth Circuit opinion dismissing the FTC’s lawsuit against AT&T for violating Section 5 of the FTC Act due to its throttling practices. As we previously reported, in October 2014, the FTC challenged AT&T’s practice of reducing—or “throttling”—the … Continue Reading

G-7 Publishes Fundamental Elements of Cybersecurity for the Financial Sector

On October 11, 2016, the finance ministers and central bank governors of the Group of 7 (G-7) countries announced the publication of the Fundamental Elements of Cybersecurity for the Financial Sector, a non-binding guidance document for financial sector entities.  The publication  describes eight fundamental “elements” of effective cybersecurity risk management to guide public and private … Continue Reading

White House Releases Report on the Future of Artificial Intelligence

On October 12, 2016, the White House released a report entitled Preparing for the Future of Artificial Intelligence.  The report surveys the current state of Artificial Intelligence (AI), its existing and potential applications, and the questions that progress in AI raises for society and public policy.  The publication of the report follows a series of … Continue Reading

Launch of the Third Edition of Data Protection & Privacy, edited by Covington’s Monika Kuschewsky

On September 22, 2016, Monika Kuschewsky, a senior lawyer in Covington’s global Data Protection and Cybersecurity practice, hosted a seminar on “The Latest Data Protection Developments Around the Globe”.  The third edition of the multijurisdictional handbook Data Protection & Privacy, edited by Ms. Kuschewsky and published by Thomson Reuters in the Sweet & Maxwell International … Continue Reading

FTC Hosts “Putting Disclosures to the Test” Workshop

By Sari Sharoni On September 16, 2016, the Federal Trade Commission (“FTC”) hosted a workshop on the factors that may contribute to the effect disclosures have on consumer behavior. The workshop, “Putting Disclosures to the Test,” included speakers from a wide range of disciplines and industries, who remarked on aspects of disclosure such as consumer … Continue Reading

FTC Maps Its Cybersecurity Requirements to NIST Cybersecurity Framework Core Functions

By Catlin Meade and Jenny Martin On August 31, 2016 the FTC posted a blog addressing whether compliance with the NIST Framework for Improving Critical Infrastructure Cybersecurity (“the Framework”) necessarily constitutes compliance with FTC cybersecurity practices. The FTC answers this question with a resounding “No” and specifically states:  “there’s really no such thing as ‘complying … Continue Reading

FAA Drone Rules Take Effect; Commercial Use of Drones Permitted with Certain Conditions

By Stephen Kiehl Welcome to the Drone Age. The Federal Aviation Administration’s (“FAA”) long-awaited rule on the commercial use of small unmanned aircraft systems (“UAS” or “drones”) took effect Monday, August 29, 2016, providing a comprehensive and generally applicable set of rules for anyone wishing to operate a small drone for commercial purposes.… Continue Reading

EU Organizations Call for More Support for Cloud Computing in Healthcare

The EU-U.S. Privacy Shield’s recent introduction has created an efficient mechanism to ensure that trans-Atlantic personal data flows are lawful.  With that in place, attention is now turning back to restrictions within the EU, particularly around hosting data in cloud computing services. European healthcare is particularly affected by such restrictions.  This has motivated a significant … Continue Reading

Morgan Stanley to Pay $1 Million Penalty in SEC Cybersecurity Settlement

By Ciarra Chavarria and Keir Gumbs On June 8, 2016, the Securities and Exchange Commission announced that Morgan Stanley Smith Barney LLC (“Morgan Stanley”) had agreed to pay $1 million as a penalty for charges relating to its “failures to protect customer information.” Morgan Stanley’s settlement with the SEC came several months after a federal … Continue Reading

Obama Administration Releases Final Data Security Policy Principles and Framework for Its Precision Medicine Initiative

Last week, our colleague Shruti Barker published an article on the Inside Medical Devices Blog, discussing eight data security principles that companies participating in the Precision Medicine Initiative should aim to meet.  The Administration’s guidance document additionally recommends a basic framework that organizations collecting, storing, and sharing patient information should adopt as current best practices.  The … Continue Reading

NTIA Multistakeholder Group Reaches Consensus on Best Practices for Drone Privacy

By Stephen Kiehl and Hannah Lepow Over the last year, the National Telecommunications and Information Administration, an arm of the Department of Commerce, has convened a series of meetings regarding voluntary best practices for privacy, accountability and transparency in the use of drones (“UAS”) by commercial and private users.  A number of stakeholders have participated … Continue Reading

EU Data Protection Authorities Call For Further Clarifications on the EU-U.S. Privacy Shield and Raise Some Concerns

By Helena Marttila-Bridge and Monika Kuschewsky Today, the Article 29 Data Protection Working Party (“Working Party”), a group consisting of representatives from the European data protection authorities, the European Data Protection Supervisor, and the European Commission, published its opinion on the EU-U.S. Privacy Shield draft adequacy decision (“Opinion”) (see here). The Opinion is accompanied by … Continue Reading

Turkey’s First Comprehensive Data Protection Law Comes Into Force

This post is authored by guest blogger, Naz Değirmenci, BTS & Partners.   Not affiliated with Covington & Burling LLP. On April 7, 2016, Turkey’s law on Personal Data Protection, number 6698 (the “Law”) was published in the Official Gazette and came into force. Although the Turkish Constitution establishes a general right to privacy, and there … Continue Reading

European Parliament Committee Debate on the EU-U.S. Privacy Shield

By Monika Kuschewsky and Vera Coughlan Yesterday, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (“LIBE Committee”) held a public hearing on the EU-US Privacy Shield, see agenda here and a video of the hearing here. While European Parliament support is not strictly necessary for the approval of the Privacy Shield, it’s … Continue Reading

FTC Settles With Lord & Taylor Over Native Advertisement and “Influencer” Promotion

By Megan Rodgers The FTC today announced that it reached a settlement with Lord & Taylor over a native advertisement and promotion that relied on social media “influencers” to promote a particular product. This was the first native advertising settlement reached by the FTC since it issued its Policy Statement on Native Advertising in December … Continue Reading

EU-U.S. Privacy Shield Package Released

By Monika Kuschewsky and Vera Coughlan Today, the European Commission published the text of the new EU-U.S. Privacy Shield (see the Commission’s press release here), which consists of: a draft adequacy decision; the EU-U.S. Privacy Shield Framework Principles issued by the U.S. Department of Commerce; and the official representations and commitments contained in separate letters … Continue Reading

Germany Extends Right of Qualified Consumer Associations to Challenge Privacy Violations

By Monika Kuschewsky Today, a German law to strengthen the private enforcement of certain data protection provisions that aim to protect consumers (the Law) entered in to force, following its publication in the Official Journal yesterday. We previously reported on the draft law here. The Law empowers certain qualified associations to seek injunctive relief against companies … Continue Reading
LexBlog