During a press conference held on February 3, 2016, the President of the Article 29 Working Party (“Working Party”) discussed the Working Party’s 2016 action plan concerning the new General Data Protection Regulation (“GDPR”). The action plan lays out the groundwork required to prepare the DPAs for their new role under the GDPR and to […]
Legislation
Examining the Judicial Redress Act
The proposed Judicial Redress Act has recently been touted as a critical step towards developing a revised “Safe Harbor 2.0″ framework. (See our prior posts on Safe Harbor here and here.) This post summarizes the essential provisions of the bill as passed by the House of Representatives and currently pending before the U.S. Senate. As […]
Information Sharing Law Finally Passed
After years of vigorous debate and numerous bills aimed at incentivizing cyber threat intelligence sharing having failed to become law, on December 18, 2015, President Obama signed an omnibus spending bill containing the Cybersecurity Information Sharing Act of 2015 (“CISA”). The statute is located in Title I of Division N of the bill, beginning on […]
The EU General Data Protection Regulation – Europe Adopts Single Set of Privacy Rules
On December 15, 2015, following four years of close, sometimes contentious, review, the EU institutions agreed upon the text of the General Data Protection Regulation (the “GDPR”). One of the most important EU legislative initiatives in recent years, the GDPR is also a landmark in privacy regulation worldwide. As from the time the GDPR takes […]
FTC’s Ability to Regulate Data Security Potentially Limited in FTC v. LabMD
A November 13, 2015 decision from the Federal Trade Commission’s Chief Administrative Law Judge, D. Michael Chappell, calls into question FTC enforcement in the data privacy space. The case began when the FTC filed a complaint on August 28, 2013 after an employee of LabMD, a cancer detection laboratory, downloaded peer-to-peer (“P2P”) software that exposed patient […]