In a momentous judgment, the European Court of Justice (“ECJ”) today invalidated the European Commission’s decision establishing the E.U.-US Safe Harbor for transfers of personal data (“Safe Harbor Decision”). The ruling was made with record dispatch, following on an Advocate General Opinion recommending invalidation that was delivered to the Court only two weeks ago. Facts […]
Data Protection
Swire Challenges Factual Basis of Schrems Decision
In an article published today, Senior Counsel Peter Swire challenges the factual basis for the Advocate General’s recent opinion in the so-called “Schrems case” against the E.U.-U.S. Safe Harbor framework. Thousands of U.S. businesses rely on the Safe Harbor framework in order to support the transfer of data from the European Union. As previously discussed […]
Illinois Governor Vetoes Data Protection Bill; Suggests Revisions
Illinois Governor Bruce Rauner vetoed a bill amending the state’s data breach notification law on August 21, 2015, saying in a letter to the General Assembly that the bill “goes too far, imposing duplicative and burdensome requirements that are out-of-step with other states.” The bill, S.B. 1833, would have amended Illinois’ Personal Information Protection Act […]
PCI Security Standards Council Issues New Supplementary Compliance Requirements for the Data Security Standard
The Payment Card Industry (“PCI”) Security Standards Council (“SSC”) recently published a supplement to the PCI Data Security Standard (“DSS”) that will require certain Designated Entities to comply with an additional set of compliance-based requirements. The additional requirements, called the “Designated Entities Supplemental Validation,” or DESV, are designed to “help organizations make payment security part […]
Peter Swire Testifies Before Senate Judiciary Committee on Encryption
Alston & Bird Senior Counsel Peter Swire testified today before the Senate Judiciary Committee as part of its hearing entitled, Going Dark: Encryption, Technology, and the Balance Between Public Safety and Privacy. The hearing, held on July 8, 2015, featured Sally Quillian Yates, Deputy Attorney General, and James B. Comey, Jr., Director of the Federal […]