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 […]
Privacy & Cyber Regulatory Enforcement
PCI Security Standards Council Publishes Data Breach Response Guidance
The PCI Security Standards Council (PCI-SSC) has released new guidance on its website advising merchants how to deal with a data breach. The guidance particularly details when a PCI Forensic Investigator (PFI) will be required, and provides tips on making the PFI process go smoothly. The PCI-SSC states that “preparing for the worst is the […]
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 […]
Peter Swire to Discuss Law Enforcement and Privacy
On Monday, Sept. 28, 2015, at 1 PM Eastern, Alston & Bird Senior Counsel Peter Swire will discuss the intersection of law enforcement and privacy interests. Swire’s talk is presented as part of a teleforum conference call sponsored by the Federalist Society. Benjamin Wittes, Senior Fellow at the Brookings Institution, will also be participating. The […]
SEC Sanctions Investment Adviser Under the Safeguards Rule
The Securities and Exchange Commission (“SEC”) has sanctioned an investment adviser and fined it $75,000 for failing to “adopt written policies and procedures reasonably designed to protect customer records and information.” The SEC alleges that this failure, which was a violation of its Safeguards Rule, contributed to a cyber attack against the investment adviser that […]