FTC Hosts Workshop on Informational Injury

On December 12, 2017, the Federal Trade Commission hosted a workshop on informational injury in Washington, D.C. where industry experts, policymakers, researchers and legal professionals considered how to best characterize and measure potential injuries and resulting harms to consumers when information about them is misused or inappropriately protected. Continue Reading

Article 29 Working Party Publishes Guidance on Consent Under the GDPR

Recently, the EU’s Article 29 Working Party (the “Working Party”) adopted guidelines (the “Guidance”) on the meaning of consent under the EU General Data Protection Regulation (“GDPR”). In this Guidance, the Working Party has confirmed that consent should be a reversible decision where a degree of control must remain with the data subject. The Guidance provides further detail on what is necessary to ensure that consent satisfies the requirements of the GDPR: Continue Reading

Lisa Sotto Honored As an “Outstanding Woman in the Legal Profession”

On December 11, 2017, Lisa Sotto, chair of Hunton & Williams LLP’s Global Privacy and Cybersecurity practice, was one of 54 women in the legal profession honored at the New York County Lawyers Association’s (“NYCLA’s) 103rd annual dinner. “NYCLA has long been at the forefront of equality…At this year’s annual dinner, we are thrilled to honor the contributions of women lawyers and focus a spotlight on their accomplishments,” said NYCLA President Michael McNamara. Among the women honored were judges, prosecutors, district attorneys, general counsel, partners and executives.

FTC and FCC Announce Cooperation on Repeal of Net Neutrality Rules

Recently, the FTC and FCC announced their intent to enter into a Memorandum of Understanding (“MOU”) under which the agencies would coordinate their efforts following the adoption of the Restoring Internet Freedom Order (the “Order”). As we previously reported, if adopted, the Order would repeal the rules put in place by the FCC in 2015 that prohibit high-speed internet service providers (“ISPs”) from stopping or slowing down the delivery of websites and from charging customers extra fees for high-quality streaming and other services.  Continue Reading

Article 29 Working Party Meeting Sets Out State of Play on Privacy Initiatives

Recently, the EU’s Article 29 Working Party (”Working Party”) held a plenary meeting to discuss, among other things, the implementation of the EU General Data Protection Regulation (“GDPR”) and the EU-U.S. Privacy Shield. As well as adopting its first Joint Annual Review Report on the Privacy Shield, the Working Party has been working on a number of documents that offer review and/or guidance on the GDPR, including:

  • guidelines on (1) consent and transparency, (2) data protection certifications, and (3) derogations for personal data transfers under the GDPR;
  • updated “referentials” on adequacy and binding corporate rules for data controllers and processors; and
  • tools for cooperation between data protection authorities on data breach notifications.

Continue Reading

CIPL Submits Comments to Article 29 WP’s Proposed Guidelines on ADM and Profiling

On December 1, 2017, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its Guidelines on Automated Individual Decision-Making and Profiling (the “Guidelines”). The Guidelines were adopted by the Working Party on October 3, 2017, for public consultation. Continue Reading

CIPL Submits Comments to Article 29 WP’s Proposed Guidelines on Data Breach Notification

On December 1, 2017, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP submitted formal comments to the Article 29 Working Party (the “Working Party”) on its Guidelines on Personal Data Breach Notification (the “Guidelines”). The Guidelines were adopted by the Working Party on October 3, 2017, for public consultation. Continue Reading

Working Party Releases Opinion on Joint Review of EU-U.S. Privacy Shield

As we previously reported, this October, the EU Commission released its report and accompanying working document on the first annual review of the EU-U.S. Privacy Shield framework. On November 28, 2017, the Article 29 Data Protection Working Party (the “Working Party”) adopted an opinion on the review (the “Opinion”). While the Opinion notes that the Working Party “welcomes the various efforts made by US authorities to set up a comprehensive procedural framework to support the operation of the Privacy Shield,” the Opinion also identifies some remaining concerns and recommendations with respect to both the commercial and national security aspects of the Privacy Shield framework. The Opinion also indicates that, if the EU and U.S. do not, within specified time frames, adequately address the Working Party’s concerns about the Privacy Shield, the Working Party may bring legal action to challenge the Privacy Shield’s validity.

Read the full text of the Opinion.

FCC Releases Plan to Repeal Net Neutrality Rules

Recently, FCC Chairman Ajit Pai released a draft of the Restoring Internet Freedom Order (the “Order”). If adopted, the Order would repeal the rules put in place by the FCC in 2015 that prohibit high-speed internet service providers (“ISPs”) from stopping or slowing down the delivery of websites and from charging customers extra fees for high-quality streaming and other services. Continue Reading

LexBlog