Alston & Bird Privacy, Cyber & Data Strategy Blog

David Keating

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About David Keating

David Keating focuses his practice on matters involving technology and data and co-leads the Privacy, Cyber & Data Strategy Team. He has advised clients on privacy and security issues arising along the entire data lifecycle for more than 20 years. He assists clients with compliance strategies, policy development and implementation, data monetization and data use analyses, new product development, privacy and security issues in transactions, and privacy enforcement matters.

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More Guidance from HHS on Online Tracking Technologies but Questions Remain

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Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”).  […]

White House Executive Order to Regulate Transactions Involving Sensitive Personal Data of Americans

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Today, the White House announced that President Biden will sign an executive order designed to protect sensitive data of U.S. persons from exploitation by identified countries of concern.  This executive order is expected to be published later today, and to direct the Department of Justice (DOJ) to issue regulations designed to address transactions that involve […]

CBDF Research Fellow Theodore Christakis Publishes Study on Cross-Border Data Transfers and the EU’s “Zero Risk” Approach

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Theodore Christakis, Professor of International Law at the University Grenoble Alpes and Senior Fellow and Director of Research for Europe at the Cross-Border Data Forum, has published a new comprehensive analysis on cross-border transfers of personal data and the EU’s data protection authorities’ “Zero Risk” theory developed since the CJEU Schrems II Judgment. Prof. Christakis looks […]

Declassified Intelligence Community Letters Highlight Importance of Monitoring Outbound Data Flows

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On January 25, 2024, Senator Ron Wyden (D-OR) released documents that confirm U.S. intelligence agencies are purchasing location and other sensitive personal information from data brokers without the consent of the data subjects. The FTC has recently gone after data brokers who collect and sell the sensitive location data of consumers without their express consent, […]

Colorado AG Recognizes Global Privacy Control as the First Valid Universal Opt-Out Mechanism

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On December 29, 2023, the Colorado Attorney General (the “AG”) announced that the Global Privacy Control (“GPC”) will become the first universal opt-out mechanism (“UOOM”) the AG considers valid under the Colorado Privacy Act (the “CPA”).  Effective July 1, 2024, controllers subject to the CPA will need to treat Colorado consumers’ privacy preferences submitted through […]