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Australia Proposes New Encryption Legislation

In August 2018, the Government of Australia unveiled a new proposed bill that would grant the county’s national security and law enforcement agencies additional powers when confronting encrypted communications and devices. The text of the draft Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 (the “Assistance and Access Bill” or the “Bill”) states … Continue Reading

UK “No-Deal Brexit” Technical Notice Sets Out Plans on EU – UK Data Flows

By Grace Kim and Ezra Steinhardt On September 13, 2018, the UK government published a series of technical notices on how to prepare for a scenario in which the UK leaves the EU without agreement on March 29, 2019 (“no-deal Brexit”).  The government stressed that a no-deal Brexit “remains unlikely given the mutual interests of … Continue Reading

Key Provisions in India’s Draft Personal Data Bill

Key Provisions in India’s Draft Personal Data Bill This post is a follow-up to our earlier post on the release of India’s draft personal data protection bill. In this post, we go into greater detail about the bill’s provisions and flag issues for companies worldwide that may process data in India or provide goods or … Continue Reading

Brazil’s New General Data Privacy Law Follows GDPR Provisions

On August 14, Brazilian President Michel Temer signed into law the new General Data Privacy Law (Lei Geral de Proteção de Dados Pessoais or “LGPD”) (English translation), making Brazil the latest country to implement comprehensive data privacy regulation. The law’s key provisions closely mirror the European Union’s General Data Privacy Regulation (“GDPR”), including significant extraterritorial … Continue Reading

EU and Japan conclude talks on reciprocal adequacy finding

On July 17, 2018, the European Commission successfully concluded negotiations with Japan on a reciprocal adequacy finding which will allow personal data to flow freely from the EU to Japan (and vice versa). The adequacy decision has not yet been formally adopted, as it must still undergo the respective EU and Japanese approval procedures, which … Continue Reading

French Supervisory Authority Issues 2 GDPR Warnings

By Kristof Van Quathem and Anna Sophia Oberschelp de Meneses  Exactly one month after the GDPR started applying, the French Supervisory Authority (“CNIL”) issued a formal warning to two companies in relation to their processing of localization data for targeted advertising (see here).  The CNIL found that the consent on which both companies relied did … 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

The GDPR and Blockchain

Blockchain technology has the potential to revolutionise many industries; it has been said that “blockchain will do to the financial system what the internet did to media”.  Its most famous use is its role as the architecture of the cryptocurrency Bitcoin, however it has many other potential uses in the financial sector, for instance in … Continue Reading

Dutch Supervisory Authority Announces GDPR Investigation

On July 17, 2018, the Dutch Supervisory Authority announced that it will start a preliminary investigation to assess whether certain large corporations comply with the EU’s General Data Protection Regulation (“GDPR”) – see the official press release here (in Dutch).  To that end, the authority will review the “records of processing activities” from thirty randomly … Continue Reading

Covington Artificial Intelligence Update: China’s Framework of AI Standards Moves Ahead

China has set out on an ambitious agenda of aiming to become the world leader in artificial intelligence by 2030. Policy experiments for a critical part of China’s AI development strategy, and to that end multiple government think tanks have set out formulating standards that may impact AI innovation in China. The China Electronics Standardization … 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

Post GDPR: ECHR Ruling Confirms the Prevalence of Freedom of Expression and Information Over the Right of Erasure

By Kristof Van Quathem and Anna Sophia Oberschelp de Meneses The European Court of Human Rights (“ECHR”) decided on 28 June 2018 that the right to request the erasure of personal data on prior convictions, may be trumped by the right to freedom of expression and information.  The court confirmed prior case law deciding that the … 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

FS-ISAC Launches Information Sharing Forum for Government Entities

On June 11, 2018, the Financial Services Information Sharing and Analysis Center (“FS-ISAC”) announced the launch of the CERES Forum, an information sharing initiative for central banks, regulators, and supervisors designed to strengthen responses to cyber and physical threats.  The new forum will become operational on July 1, 2018. Although FS-ISAC primarily comprises private financial … Continue Reading

NTIA Requests Comments Regarding International Internet Policy

Earlier this week, the National Telecommunications and Information Administration (NTIA), the executive branch agency responsible for telecommunications and information policy, released a Notice of Inquiry requesting that any interested party—including the private sector, technical experts, academics, and civil society—help the agency determine its international internet policy priorities. In particular, NTIA is seeking comments and recommendations … Continue Reading

Mary Meeker’s Annual Internet Report Includes Insights Into Privacy

This past week, Mary Meeker presented her annual Internet Trends report for 2018 at the Code Conference.  A copy of the slide deck is available here.  The report is widely respected by industry experts, and this year’s presentation included a number of insights that industry stakeholders will find relevant regarding data privacy and technology more … Continue Reading

Federal Appeals Courts Split on Forensic Searches of Devices Seized at Border

Two federal appellate courts are taking sharply different views on whether—and why—government agents must have some amount of suspicion to conduct forensic searches of electronic devices seized at the border. The Fourth Circuit on May 9, 2018, held that government agents must have reasonable suspicion to conduct forensic searches of cell phones seized at the … Continue Reading

GDPR Applies From Today

The much discussed and long-awaited General Data Protection Regulation (“GDPR”) applies from today, May 25, 2018.  It will update and harmonize data protection laws across the EU, and sets out comprehensive rules in relation to personal data handling, as well as the rights of individuals over their personal data. It is unclear how aggressively the … Continue Reading

Covington Artificial Intelligence Update: House of Lords Select Committee publishes report on the future of AI in the UK

Reflecting evidence from 280 witnesses from the government, academia and industry, and nine months of investigation, the UK House of Lords Select Committee on Artificial Intelligence published its report “AI in the UK: ready, willing and able?” on April 16, 2018 (the Report). The Report considers the future of AI in the UK, from perceived … Continue Reading

Government’s Response to Malware Defendant’s Constitutional Challenge Falls Short

Last summer, Marcus Hutchins, the security researcher who stopped the “WannaCry” malware attack, was arrested and charged for his role in allegedly creating and conspiring to sell a different piece of malware, known as Kronos.  As we have previously discussed on this blog, however, the indictment was notable for its lack of allegations connecting Hutchins … Continue Reading

Interactive Advertising Bureau Europe Opens Registration for Transparency and Consent Framework

IAB Europe opened the registration process for vendors and consent management providers (“CMPs”) to apply for approved status under IAB Europe’s Transparency and Consent Framework (“Framework”). The Framework intends to provide publishers that have decided that the interest-based advertising products available on their platforms require user consent to deploy a standardized framework to (1) disclose … Continue Reading

Malware Defendant Raises Constitutional Challenge to Indictment

Last August, the Department of Justice arrested and indicted Marcus Hutchins, the security researcher who accidentally discovered the “kill switch” that stopped the “WannaCry” malware attack.  Hutchins was not charged for anything to do with WannaCry, but rather for creating and conspiring to sell a different piece of malware, the “Kronos Banking trojan.”  Apart from … Continue Reading

Covington’s Jetty Tielemans Receives IAPP’s Highest Honor

Henriette Tielemans, co-chair of Covington’s global Data Privacy and Cybersecurity practice, has today received the IAPP Privacy Vanguard Award, the industry’s top honor, for her lifelong services to the data privacy community. The International Association of Privacy Professionals (IAPP) is the world’s largest and most comprehensive global information privacy community. Each year, the IAPP names … Continue Reading
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