Archives: Data Security

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China Introduces Mobile Application Security Certification Scheme

On March 15, 2019, the State Administration for Market Regulation and the Cyberspace Administration of China (“CAC”) jointly issued the Announcement on the Implementation of App Security Certification (the “Announcement”), creating a voluntary (but state-sanctioned) security certification scheme for mobile applications (“Security Certification Scheme”). Operators of mobile applications are encouraged to obtain this certification to … Continue Reading

European Parliament Approves EU Cybersecurity Act

Following a political agreement at the end of 2018, earlier this week the European Parliament approved a new cybersecurity regulation known as the EU “Cybersecurity Act” This forms part of the EU’s Cyber Package, first announced in September 2017 (which we blogged about here). In addition to reinforcing the mandate of ENISA — now to … Continue Reading

Senate Reintroduces IoT Cybersecurity Improvement Act

On March 11, 2019, a bipartisan group of lawmakers including Sen. Mark Warner and Sen. Cory Gardner introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The Act seeks “[t]o leverage Federal Government procurement power to encourage increased cybersecurity for Internet of Things devices.” In other words, this bill aims to shore up … Continue Reading

Covington to Host Webinar on Connected and Automated Vehicles

One week from today, Covington will host its first webinar in a series on connected and automated vehicles (“CAVs”). The webinar will take place on February 27 from 12 to 1 p.m. Eastern Time. During the webinar, Covington’s regulatory and legislative experts will cover developments in U.S. law and regulations relating to CAVs. Those topics … Continue Reading

Massachusetts Amends Data Breach Notification Law to Require Free Credit Monitoring

The Governor of Massachusetts recently signed House Bill No. 4806 into law, which will amend certain provisions of the state’s data breach notification law.  In addition to changing the information that must be included in notifications to regulators and individuals, the amendments will also require entities to provide eighteen months of free credit monitoring services … Continue Reading

Australia’s Encryption Bill Becomes Law

On December 6, 2018, the Australian Parliament passed a bill that aims to address concerns raised by national security and law enforcement agencies regarding encrypted communications. Introduced in September, the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (the Act) may affect technology companies around the globe.  As discussed in our previous post, … Continue Reading

Standing Issues in Data Breach Litigation: An Overview

As many data breach litigation cases have demonstrated over recent years, the question of a plaintiff’s standing can be quite important to the outcome of each case.  While the Supreme Court has addressed standing issues in several cases with potential applicability in the data breach litigation context, most recently in Spokeo, Inc. v. Robins and … Continue Reading

FTC Solicits Public Comment on Identity Theft Detection Rules

On December 4, 2018, the Federal Trade Commission (“FTC”) announced that it is accepting public comments regarding its Identity Theft Detection Rules, 16 C.F.R. Part 681 (the “Rules”), as part of a systematic review of the Commission’s regulations and guidelines. The review of the Rules is particularly noteworthy because identity theft is among the top … Continue Reading

Dutch Supervisory Authority Imposes GDPR Security Standard for Processing Broadly Defined Health Data

In early November, the Dutch Supervisory Authority released an injunction imposed against the public insurance body Uitvoeringsinstituut Werkgeversverzekering (“UWV”) last July. The UWV allows employers to submit data about their employees for social security purposes.  The data includes dates of employee absences due to general illness (and when an employee is pregnant or gave birth, … Continue Reading

Canadian Privacy Commissioner Releases Official Guidance as Data Breach Law Takes Effect

Canada’s new data breach law, The Personal Information Protection and Electronic Documents Act (“PIPEDA”), took effect on November 1. Official guidance released by the country’s Privacy Commissioner explains a few of the law’s key provisions that will affect organizations, specifically, breach reporting and notification obligations, their triggers, and record retention. Reporting & Notification Obligations Under the … Continue Reading

Litigation Options For Post-Cyberattack ‘Active Defense’

[This article also was published in Law360.] In March 2017, Rep. Tom Graves, R-Ga., introduced a draft bill titled the Active Cyber Defense Certainty Act. The bill would amend the Computer Fraud and Abuse Act to enable victims of cyberattacks to employ “limited defensive measures that exceed the boundaries of one’s network in order to … Continue Reading

Portuguese hospital receives and contests 400,000 € fine for GDPR infringement

On July 17, 2018, the Portuguese Supervisory Authority (“CNPD”) imposed a fine of 400.000 € on a hospital for infringement of the European Union General Data Protection Regulation (“GDPR”).  The decision has not been made public.  Earlier this week, the hospital publicly announced that it will contest the fine. According to press reports, the CNPD … Continue Reading

FERC Approves New Cybersecurity Standards for Supply Chain Risk Management

The Federal Energy Regulatory Commission (“FERC”) released a final rule approving three new Critical Infrastructure Protection (“CIP”) standards which address supply chain risk management for bulk electric systems (“BES”) operations.  The new standards were developed by the North American Electric Reliability Corporation (“NERC”) in response to FERC Order No. 829, which directed NERC to create … Continue Reading

China Releases New Regulation on Cybersecurity Inspection

On September 30, 2018, China’s Ministry of Public Security (“MPS”) released the Regulation on the Internet Security Supervision and Inspection by Public Security Organs (the “Regulation”;《公安机关互联网安全监督检查规定》), which will take effect on November 1, 2018.… Continue Reading

GDPR: Top 5 Post-Implementation Issues for Airlines

On 25 May 2018, the EU General Data Protection Regulation (GDPR) came into effect. The GDPR establishes some of the most robust privacy requirements globally and is likely to be a model followed by other jurisdictions. Airlines are uniquely affected by the GDPR with passenger data being at the heart of their business and international … Continue Reading

ICO consults on privacy “regulatory sandbox”

Designing data-driven products and services in compliance with privacy requirements can be a challenging process.  Technological innovation enables novel uses of personal data, and companies designing new data-driven products must navigate new, untested, and sometimes unclear requirements of privacy laws, including the General Data Protection Regulation (GDPR).  These challenges are often particularly acute for companies … Continue Reading

California Legislature Passes Amendments to Expansive Consumer Privacy Law

Less than three months ago, California enacted the California Consumer Privacy Act of 2018 (“CCPA”). Industry and privacy watch groups alike have scrutinized the law. This summer saw fierce negotiations all in the name of improving the CCPA. Last Friday, on August 31, 2018, the California legislature passed SB 1121 to amend the CCPA. The … Continue Reading

U.S. Wireless Industry Establishes IoT Security Certification Program

CTIA, the U.S. wireless industry’s trade association, recently announced the creation of a cybersecurity certification program for Internet of Things (IoT) devices that connect to the internet via LTE or Wi-Fi.  The program permits device makers to submit such IoT devices for testing by CTIA-authorized labs in order to obtain a certification of compliance with … Continue Reading

NTIA’s International Internet Policy Priorities for 2018 and Beyond

On July 20, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) published comments it received from a wide array of tech and telecom companies, trade groups, civil society, academia, and others regarding its “international Internet policy priorities for 2018 and beyond.”  NTIA’s Office of International Affairs (“OIA”) had requested comments and … Continue Reading

India’s Committee of Experts Releases Draft Personal Data Protection Bill

On July 27, 2018, the Government of India’s Committee of Experts released a draft Protection of Personal Data Bill. Together with an accompanying report, the draft bill moves India one step closer towards enacting a comprehensive data protection regime. Last year, the Supreme Court of India issued a landmark decision holding that privacy is a … Continue Reading

China Seeks Public Comments for Draft Cybersecurity Regulations

On June 27, 2018, China’s Ministry of Public Security (“MPS”) released for public comment a draft of the Regulations on Cybersecurity Multi-level Protection Scheme (“the Draft Regulation”). The highly anticipated Draft Regulation sets out the details of an updated Multi-level Protection Scheme, whereby network operators (defined below) are required to comply with different levels of … Continue Reading

UK Regulators Publish Joint Discussion Paper on Operational Resilience in the UK Financial Sector

By Mark Young and Gemma Nash The UK Financial Conduct Authority (“FCA”) published on July 5 a joint Discussion Paper with the Prudential Regulation Authority (“PRA”) and the Bank of England (“BoE”) on “Building the UK financial sector’s operational resilience.” The Discussion Paper focuses on the ability of regulated firms and financial market infrastructures (“FMIs”) … Continue Reading

California Adopts Expansive Consumer Privacy Law

On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (“CCPA”), which is aimed at strengthening consumer privacy rights and data security protections.  The CCPA takes effect on January 1, 2020 and is considered the most stringent privacy law in the country. The CCPA applies to for-profit entities that conduct business in … Continue Reading
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