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Cybersecurity Bits and Bytes

Cybersecurity Bits and Bytes

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New CCPA regulations announced shortly before new Attorney General named

Elizabeth Casale March 31, 2021
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Former California Attorney General Xavier Becerra recently announced new regulations under the CCPA to “prohibit companies from burdening consumers with confusing language or unnecessary steps such as forcing them to click through multiple screens or listen to reasons why they shouldn’t opt out.” READ MORE

New York Assembly introduces the Biometric Privacy Act

Illustration of a computer with a lock and chain around it

New York’s proposed Biometric Privacy Act would require entities that possess biometric information or identifiers to obtain specific consumer consent for collecting, capturing, purchasing or trading such information, and would be privately-actionable as well. READ MORE

Maintaining privilege over forensic data-breach reports

Illustration of files and a locked file folder

In the new reality of transparent data collection, use, and security, companies may be forced to strike a careful balance between protecting their confidential and privileged information and complying with various laws requiring them to be transparent and to keep consumers informed. READ MORE

CJEU invalidates EU-US Privacy Shield

Illustration of cybersecurity for the EU

The Court of Justice of the European Union has invalidated Decision 2016/1250, which found that the EU-US Privacy Shield – a primary mechanism used by US companies to transfer personal data from the EU to the US – provided adequate protections for personal data. READ MORE

California Attorney General submits final CCPA regulations for review

California state capital building and California flag

On June 1, California Attorney General Xavier Becerra submitted final CCPA regulations for review by the Office of Administrative Law. The final regulations are substantively the same as the second modified regulations that the AG released back in March, but the timing of the release creates new questions. READ MORE

Proposed federal privacy bills exceed even California’s CCPA requirements in some respects

Luke Sosnicki James Shreve December 23, 2019
U.S. capitol dome

Two recent online privacy bills introduced in the U.S. Senate highlight some of the key privacy and data security issues that Congress may tackle next year. While they share much in common, key differences between the two include whether a federal bill would be privately-actionable and if it preempts state laws. READ MORE

NIST announces collaborative privacy framework initiative

James Shreve September 11, 2018
Cybersecurity_default blog

The framework is significant for several reasons and is intended to help organizations manage the data privacy risks they are now exposed to more than ever thanks to new technologies. READ MORE

Seventh Circuit lets data breach suit proceed for credit monitoring and lost use of credit card damages

David Duffy April 19, 2018
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In a blow to retailers and other businesses subjected to data breaches, the Seventh Circuit has reinstated a class action brought by consumers against Barnes & Noble arising from a 2012 breach. READ MORE

Did U.S. executive order signal trouble for EU citizen privacy rights?

February 13, 2017
Illustration of cybersecurity for the EU

President Trump’s efforts to withdraw privacy protections for non-U.S. citizens are coming in direct conflict with recent efforts by the European Union to strengthen privacy protections for its citizens, no matter where in the world they travel. READ MORE

FINRA forces firms into the weeds on security policies

November 21, 2016
illustration of person drowning in paperwork

A recent Letter of Consent issued by the SEC's Financial Industry Regulatory Authority (FINRA) contained some startling new requirements that, if enforced by FINRA, could place a significant burden on financial firms in regard to their privacy and cybersecurity policies. READ MORE

What you need to know about the new EU-U.S. data transfer pact

Rob Kamensky July 14, 2016
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The U.S. and EU have negotiated a new pact that would allow for U.S. companies to collect and store personally identifying information about EU citizens and to protect those citizens’ privacy pursuant to EU standards. So what are the requirements of this new Privacy Shield and what do they mean for U.S. companies doing business with European customers? READ MORE