EU General Data Protection Regulation Published in the EU Official Journal

On May 4, 2016, the EU General Data Protection Regulation (“GDPR”) was published in the Official Journal of the European Union.

Following the European Parliament’s vote to adopt the GDPR on April 14, 2016, and the signing of the final draft on April 27, 2016, the GDPR will enter into force 20 days following its publication in the Official Journal of the European Union. Its provisions will be directly applicable in all EU Member States two years after this date, on May 25, 2018.

After four years of drafting and negotiations, the GDPR finally replaces and harmonizes the existing EU data protection legal framework.

Korean Privacy Law Updated

On April 26, 2016, Korean law firm Bae, Kim & Lee LLC released a Privacy News Alert outlining amendments to Korea’s Personal Information Protection Act (“PIPA”) and the Act on the Promotion of IT Network Use and Information Protection (“IT Network Act”). According to Tae Uk Kang, partner at Bae, Kim & Lee and author of the alert, these amendments to PIPA and the IT Network Act “reflect the general trend concerning the Korean data privacy policy, which is intended to achieve more stringent regulation (and sanctions) of processing personal information.” Continue Reading

CII Issues Investor-Engagement Guide on Cyber Risk

Recently, the Council of Institutional Investors (“CII”) issued a guide to shareholder engagement on cyber risk. The guide is intended to enable shareholders to ask appropriate questions of boards to gauge whether companies are taking proper steps to mitigate cyber risk. The guide poses the following five questions:

  • How are the company’s cyber risks communicated to the board, by whom and with what frequency?
  • Has the board evaluated and approved the company’s cybersecurity strategy?
  • How does the board ensure that the company is organized appropriately to address cybersecurity risks? Does management have the skill sets it needs?
  • How does the board evaluate the effectiveness of the company’s cybersecurity efforts?
  • When did the board last discuss whether the company’s disclosure of cyber risk and cyber incident is consistent with SEC guidance?

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Parliamentary Committee Approves Denham ICO Appointment

On April 27, 2016, the UK House of Commons Culture, Media and Sport Select Committee (the “Committee”) confirmed Elizabeth Denham’s appointment as Information Commissioner. Denham, currently the Privacy and Information Commissioner for British Columbia, Canada, was announced as the UK Government’s preferred choice on March 22, 2016. Continue Reading

OCR Settles Two Key HIPAA Privacy Rule Cases Involving X-Rays and Medical Reality TV Show

The U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) recently announced resolution agreements with Raleigh Orthopaedic Clinic, P.A., (“Raleigh Orthopaedic”) and New York-Presbyterian Hospital (“NYP”) for HIPAA Privacy Rule violations. Continue Reading

Amended Nebraska Data Breach Notification Law Adds Regulator Notification Requirement

On April 13, 2016, Nebraska Governor Pete Ricketts signed into law LB 835 (the “Bill”), which among other things, adds a regulator notification requirement and broadens the definition of “personal information” in the state’s data breach notification statute, Neb. Rev. Stat. §§ 87-802 to 87-804. The amendments take effect on July 20, 2016. Continue Reading

Simulated Attack on Power Grid Highlights Need for Improved Communications

In its third simulated test of the security of the power grid, the North American Reliability Corporation (“NERC”) reported general progress across the electric utility industry in defending against physical and cyber threats, while also identifying several areas for further improvement.

The NERC exercise, dubbed GridEx III, took place over two days in November 2015 and involved more than 4,400 individuals from 364 industry, law enforcement and government organizations across the United States, Canada and Mexico. The main objectives of the exercise were to test crisis response and recovery, improve communication, identify problem areas and engage senior-level leadership in the organizations involved. Continue Reading

Lisa Sotto Featured in SC Magazine Article – Ready to Rumble: Apple v. FBI

In a recent article published by SC Magazine, Lisa Sotto, head of Hunton & Williams LLP’s Global Privacy and Cybersecurity practice, provides commentary on the recent case, Apple v. FBI. The article analyzes privacy versus security, and Sotto tells SC Magazine, “[the case] should never have escalated to this, privacy should have been addressed” at the onset of the investigation. Sotto says the government should have “worked with tech companies to craft policies and processes” before an issue of this magnitude arose. The article provides details on the case and discusses differentiators that set the case apart from similar issues in the past, and also provides insight into legislation that could regulate privacy and security matters in the future. Many believe Congress should step in, including Sotto who says, “The courts can’t keep doing it on a piecemeal basis.”

Read the full article.

FTC Releases Interactive Tool for Mobile Health Apps

The Federal Trade Commission recently released an interactive tool for mobile health apps. The tool was developed in conjunction with several other federal agencies, including the Department of Health and Human Services’ Office for Civil Rights, the Office of the National Coordinator for Health Information Technology, and the Food and Drug Administration. Continue Reading

CNIL and GPEN Analyze Impact of Connected Devices on Privacy During Internet Sweep

On April 12, 2016, the French Data Protection Authority (“CNIL”) announced that it will participate in a coordinated online audit to analyze the impact of everyday connected devices on privacy. The audit will be coordinated by the Global Privacy Enforcement Network (“GPEN”), a global network of approximately 50 data protection authorities (“DPAs”) from around the world. Continue Reading