Security

On July 15, 2021, the Belgian Supervisory Authority (“SA”) released a 40-page draft recommendation on the use of biometric data and launched a public consultation to solicit feedback about it.

Most notably, the SA points out that there is no valid legal basis other than explicit consent (with all the GDPR limitations attached to it) that would enable the processing of biometric data for authentication purposes (e.g., security), because Belgian lawmakers failed to adopt the required national legislation to supplement the GDPR (specifically, to underpin the public interest exception found in Art. 9(2)(g) GDPR for processing sensitive personal data).  The SA considers this outcome a departure from the rules that applied prior to the GDPR, and will therefore allow a one-year grace period to give controllers and lawmakers sufficient time to address the issue.Continue Reading Belgian Supervisory Authority Launches Public Consultation on the Use of Biometric Data

By Grace Kim and Siobhan Kahmann

Following an informal consultation earlier this year – as covered by our previous IoT Update here – the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) published the final version of its Code of Practice for Consumer IoT Security (“Code”) on October 14, 2018. This was developed by the DCMS in conjunction with the National Cyber Security Centre, and follows engagement with industry, consumer associations, and academia. The aim of the Code is to provide guidelines on how to achieve a “secure by design” approach, to all organizations involved in developing, manufacturing, and retailing consumer Internet of Things (“IoT”) products. Each of the thirteen guidelines are marked as primarily applying to one or more of device manufacturers, IoT service providers, mobile application developers and/or retailers categories.

The Code brings together what is widely considered good practice in IoT security. At the moment, participation in the Code is voluntary, but it has the aim of initiating and facilitating security change through the entire supply chain and compliance with applicable data protection laws. The Code is supported by a supplementary mapping document, and an open data JSON file which refers to the other main industry standards, recommendations and guidance.  Ultimately, the Government’s ambition is for appropriate aspects of the Code to become legally enforceable and has commenced a mapping exercise to identify the impact of regulatory intervention and necessary changes.
Continue Reading IoT Update: The UK publishes a final version of its Code of Practice for Consumer IoT Security

On March 3, 2016, the UK’s Information Commissioner’s Office (“ICO”) released new guidance on encryption.  The guidance aims to provide advice to organizations on protecting personal data (such as customer and employee data) through the use of encryption.  There is no legally-binding requirement under UK data protection law to encrypt data, either when static or

By Lindsey Tonsager and Megan Rodgers

The FTC held its “Start with Security” conference in San Francisco, California, last week, launching an initiative to provide companies with practical resources for implementing effective data security strategies.

The event was targeted at tech start-ups and small- and medium-sized businesses, but the panelists included representatives from companies with mature and well-resourced data security programs.

The panelists agreed that achieving greater data security is cheaper and easier to accomplish when it is considered early in the secure app development lifecycle. At the same time, panelists also acknowledged that companies face a myriad of potential security risks that must be balanced and prioritized, and that it may be more difficult for larger companies with complicated systems to adapt their practices to address evolving security risks.

Below are some practical tips the panelists provided for building a culture of “security by design”:
Continue Reading Start With Security: Key Takeaways from the FTC’s Data Security Conference

Whilst the discussions on the proposed Network and Information Security (NIS) Directive at European level are still ongoing (see Update on the Cybersecurity Directive − over to Luxembourg?, InsidePrivacy, June 12, 2015), less has been said about Germany new national Act to Increase the Security of Information Technology Systems (the “IT Security Law”).  The IT Security Law was published in the Federal Official Gazette on July 24, 2015 (see here) and entered into force the following day.
Continue Reading What You Need to Know About Germany’s Cybersecurity Law

This week, the much talked-about amendments to Texas’s breach notice statute took effect.  We previously blogged about these amendments, which are unprecedented in scope.  With the amendments, the Texas statute now requires entities doing business in Texas to notify “any individual” whose “sensitive personal information” is acquired in a breach (unless the information is encrypted). 

On 1 April, 2012, the UK press reported that the UK Home Office is preparing to propose new legislative reform of the communications data monitoring law, in the Queen’s Speech in May.  The press reports, and the response from the Home Office on 3 April 2012, provided some further details on a programme that was first announced (without detail) by the current Government in October 2010 in the Strategic Defence and Security Review.  The programme, which resembles a predecessor plan under the prior Labour Government named the “Interception Modernisation Programme”, is now known as the “Communications Capability Development Programme” (CCDP). Continue Reading UK Government prepares new legislative proposal to modernise communications data monitoring law

Yesterday, the FTC announced that it has settled charges against Upromise, Inc., a company that enables consumers to receive rebates when shopping at partner merchants.  (The rebates are placed in college savings accounts—hence Upromise’s name.)  According to the Commission’s complaint, Upromise offered online users a toolbar feature, which, when downloaded, would highlight Upromise’s partners

Companies considering moving to the cloud sometimes are cautioned that heightened data security risks pose a potential drawback to cloud computing.  And it is certainly correct that before making a decision about whether and how to adopt cloud-based computing, companies should carefully consider the security practices of potential cloud service providers or build security into