Data Privacy

As 2021 comes to a close, we will be sharing the key legislative and regulatory updates for artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and privacy this month.  Lawmakers introduced a range of proposals to regulate AI, IoT, CAVs, and privacy as well as appropriate funds to study developments in these emerging spaces.  In addition, from developing a consumer labeling program for IoT devices to requiring the manufacturers and operators of CAVs to report crashes, federal agencies have promulgated new rules and issued guidance to promote consumer awareness and safety.  We are providing this year-end round up in four parts.  In this post, we detail data privacy updates in Congress and federal agencies.
Continue Reading U.S. AI and IoT Legislative Update – Year-End 2021

As 2021 comes to a close, we will be sharing the key legislative and regulatory updates for artificial intelligence (“AI”), the Internet of Things (“IoT”), connected and automated vehicles (“CAVs”), and privacy this month.  Lawmakers introduced a range of proposals to regulate AI, IoT, CAVs, and privacy as well as appropriate funds to study developments in these emerging spaces.  In addition, from developing a consumer labeling program for IoT devices to requiring the manufacturers and operators of CAVs to report crashes, federal agencies have promulgated new rules and issued guidance to promote consumer awareness and safety.  We are providing this year-end round up in four parts.  In this post, we detail AI updates in Congress, state legislatures, and federal agencies.
Continue Reading U.S. AI and IoT Legislative Update – Year-End 2021

On August 27, 2021, Illinois Governor J.B. Pritzker signed into law the Protecting Household Privacy Act (“PHPA”).  The law governs how, and under what conditions, Illinois law enforcement agencies may acquire and use data from household electronic devices, commonly referred to as “smart devices” or the “internet of things.”  The PHPA will go into effect…

On Episode 16 of Covington’s Inside Privacy Audiocast, Dan Cooper, Yan Luo and Zhijing Yu discuss the implications of China’s Personal Information Protection Law (PIPL) for companies with data or doing business in China. The law, which entered into force on November 1, is the first comprehensive personal information protection law in China and…

Last week, the Ninth Circuit held in United States v. Wilson, No. 18-50440, 2021 WL 4270847, that a law enforcement officer violated a criminal defendant’s Fourth Amendment rights when he opened images attached to the defendant’s emails without a warrant, even though the images had previously been flagged as child sexual abuse materials (“CSAM”) by Google’s automated CSAM-detection software.  The court based its ruling on the private search exception to the Fourth Amendment, which permits law enforcement to conduct a warrantless search only to the extent the search was previously conducted by a private party.  Because no individual at Google actually opened and viewed the images flagged as CSAM, the court held that law enforcement “exceeded the scope of the antecedent private search,” thereby “exceed[ing] the limits of the private search exception.”  Op. at 20-21.
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Continue Reading Ninth Circuit’s Interpretation of Private Search Exception to the Fourth Amendment Contributes to “Growing Tension” Among Circuit Courts

As COVID-19 vaccination becomes required in more personal and professional contexts, several different frameworks have emerged that propose both guiding principles and technical requirements for vaccine verification systems, including those developed by the World Health Organization (WHO) and the Good Health Pass Collaborative (GHPC).
Continue Reading COVID-19 Vaccine Verification Frameworks: Emerging Standards Seek to Balance Privacy Concerns With Public Health Benefits

On Aug. 20, 2021, the Standing Committee of China’s National People’s Congress promulgated China’s Personal Information Protection Law, which will take effect Nov. 1, 2021. Serving as China’s first comprehensive law in the personal information protection area and based on China’s Constitution, the PIPL aims to “protect the rights and interests of individuals,” “regulate personal information processing activities,” and “facilitate reasonable use of personal information” (Article 1).
Continue Reading Analyzing China’s PIPL and How It Compares to the EU’s GDPR

Last week, Virginia’s Joint Commission on Technology and Science held its second meeting of the Consumer Data Protection Work Group.

Instead of following a detailed rulemaking process for implementation like that provided for in the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA) is being reviewed over the next few months by a group of state officials, business representatives, and advocates. This group will publish recommendations by November 1, 2021, which the state legislature can consider if it amends the law before the VCDPA goes into effect on January 1, 2023. A stated goal of the group is to align the VCDPA with other privacy laws that states are enacting around the country.

At the meeting, the group heard public comments as well as a presentation by Deputy Attorney General Samuel Towell on behalf of the Office of the Attorney General of Virginia (OAG). The presentation covered issues that the OAG sees with the VCDPA’s implementation and proposed a number of recommendations for the group to consider: …
Continue Reading Virginia Consumer Data Protection Work Group Holds Second Meeting, Hears Recommendations from the Office of the Virginia Attorney General

On June 28, 2021, the European Commission adopted two decisions finding that the UK’s data protection regime provides an “adequate” level of protection for personal data transferred to the UK from the EU.  The first decision covers transfers governed by the GDPR, and permits private companies located in the EU to continue to transfer personal data to the UK without the need for additional arrangements (such as the Commission’s new Standard Contractual Clauses (“SCCs”), which we discuss here).  The second decision covers transfers under the Data Protection and Law Enforcement Directive, and permits EU law enforcement agencies to continue to transfer personal data to their counterparts in the UK.
Continue Reading European Commission Adopts Final UK Adequacy Decisions