On October 11, 2018, the French data protection authority (the “CNIL”) announced that it adopted two referentials (i.e., guidelines) on the certification of the data protection officer (“DPO”). View the announcement (in French). As a practical matter, both referentials are intended to apply to DPOs located in France or who speak French. The referentials include: Continue Reading CNIL Adopts Referentials on DPO Certification

On October 11, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted comments to the UK Information Commissioner’s Office (“ICO”) in response to its call for views on creating a regulatory sandbox. Continue Reading CIPL Responds to ICO Call for Views on Creating a Regulatory Sandbox

On October 23, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP will host an official side event on The Concept of “Fairness” in Data Protection at the 40th International Conference of Data Protection and Privacy Commissioners in Brussels, Belgium. Continue Reading CIPL to Host Side Event on Fairness in Data Protection at ICDPPC 2018

As reported on the Blockchain Legal Resource, California Governor Jerry Brown recently signed into law Assembly Bill No. 2658 for the purpose of further studying blockchain’s application to Californians. In doing so, California joins a growing list of states officially exploring distributed ledger technology. Continue Reading California Enacts Blockchain Legislation

As reported on the Insurance Recovery Blog, Hunton Andrews Kurth insurance practice head Walter Andrews recently commented to the Global Data Review regarding the infirmities underlying an Orlando, Florida federal district court’s ruling that an insurer does not have to defend its insured for damage caused by a third-party data breach. Continue Reading Hunton Insurance Head Comments on Hotel Data Breach Coverage Dispute

On October 5, 2018, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP hosted a workshop on how to implement, demonstrate and incentivize accountability under the EU General Data Protection Regulation (“GDPR”), in collaboration with AXA in Paris, France. In addition to the workshop, on October 4, 2018, CIPL hosted a Roundtable on the Role of the Data Protection Office (“DPO”) under the GDPR at Mastercard and a pre-workshop dinner at the Chanel School of Fashion, sponsored by Nymity. Continue Reading CIPL Hosts Workshop on Accountability Under the GDPR in Paris

The European Data Protection Board (“EDPB”) recently published 22 Opinions on the draft lists of Supervisory Authority (“SAs”) in EU Member States regarding which processing operations are subject to the requirement of conducting a data protection impact assessment (“DPIA”) under the EU General Data Protection Regulation (“GDPR”). Continue Reading EDPB Adopts Opinions on National DPIA Lists in the EU

Vizio, Inc. (“Vizio”), a California-based company best known for its internet-connected televisions, agreed to a $17 million settlement that, if approved, will resolve multiple proposed consumer class actions consolidated in California federal court. The suits’ claims, which are limited to the period between February 1, 2014 and February 6, 2017, involve data-tracking software Vizio installed on its smart TVs. The software allegedly identified content displayed on Vizio TVs and enabled Vizio to determine the date, time, channel of programs and whether a viewer watched live or recorded content. The viewing patterns were connected to viewer’s IP addresses, though never, Vizio emphasized in its press release announcing the proposed settlement, to an individual’s name, address, or similar identifying information. According to Vizio, viewing data allows advertisers and programmers to develop content better aligned with consumers’ preferences and interests.   Continue Reading Vizio Agrees to $17M Settlement to Resolve Smart TV Class Action Suit

On September 26, 2018, the SEC announced a settlement with Voya Financial Advisers, Inc. (“Voya”), a registered investment advisor and broker-dealer, for violating Regulation S-ID, also known as the “Identity Theft Red Flags Rule,” as well as Regulation S-P, the “Safeguards Rule.” Together, Regulations S-ID and S-P are designed to require covered entities to help protect customers from the risk of identity theft and to safeguard confidential customer information. The settlement represents the first SEC enforcement action brought under Regulation S-ID. Continue Reading SEC Fines Broker-Dealer $1 Million in First Enforcement Action Under Identity Theft Rule

The U.S. Department of Commerce’s National Institute of Standards and Technology recently announced that it is seeking public comment on Draft NISTIR 8228, Considerations for Managing Internet of Things (“IoT”) Cybersecurity and Privacy Risks (the “Draft Report”). The document is to be the first in a planned series of publications that will examine specific aspects of the IoT topic. Continue Reading NIST Seeks Public Comment on Managing Internet of Things Cybersecurity and Privacy Risks