PCI Security Standards Council Releases Enhanced Validation Requirements for Designated Entities as PCI DSS Version 3.0 Set to Retire

Earlier this month, the Payment Card Industry Security Standards Council (“PCI SSC”) published a set of enhanced validation procedures designed to provide greater assurance that certain entities are maintaining compliance with the PCI Data Security Standard (“PCI DSS”) effectively and on a continuing basis. The payment card brands and acquirers will determine which organizations are required to undergo a compliance assessment with respect to these supplemental validation requirements, which are entitled the PCI DSS Designated Entities Supplemental Validation (“DESV”).

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SEC Cybersecurity Investigations: A How-to Guide

Hunton & Williams LLP partners Lisa J. Sotto, Scott H. Kimpel and Matthew P. Bosher recently published an article in Westlaw Journal’s Securities Litigation & Regulation entitled SEC Cybersecurity Investigations: A How-to Guide. The article details the U.S. Securities and Exchange Commission’s (“SEC’s”) role in cybersecurity regulation and enforcement, and offers best practice tips for navigating the investigative process. In the article, the authors note that the threat of an SEC enforcement investigation must be considered an integral part of cybersecurity planning and compliance efforts. “Being prepared to engage the SEC in a proactive manner is often the best approach.” Download a copy of the full article now.

Hunton Webinar on the Proposed EU General Data Protection Regulation on July 9

Hunton & Williams will host a live webinar covering the latest developments on the proposed EU General Data Protection Regulation on Thursday, July 9, at 12:00 p.m. EDT. The webinar will provide an overview of the current status of the EU General Data Protection Regulation, highlights from the ongoing trilogue discussions, and guidance on how to prepare for the upcoming changes.

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Federal Court: Data Breach Class Action Against Sony Survives Motion to Dismiss

The U.S. District Court for the Central District of California recently granted, only in part, a motion to dismiss a data breach class action against Sony Pictures Entertainment, Inc. (“Sony”) in Corona v. Sony Pictures Entertainment, Inc., No. 14-CV-09600 (RGK) (C.D. Cal. June 15, 2015). The case therefore will proceed with some of the claims intact.

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New Hampshire and Oregon Student Privacy Legislation

Legislators in New Hampshire and Oregon recently passed bills designed to protect the online privacy of students in kindergarten through 12th grade.

On June 11, 2015, New Hampshire Governor Maggie Hassan (D-NH) signed H.B. 520, a bipartisan bill that requires operators of websites, online platforms and applications targeting students and their families (“Operators”) to create and maintain “reasonable” security procedures to protect certain covered information about students. H.B. 520 also prohibits Operators from using covered information for targeted advertising. H.B. 520 defines covered information broadly as “personally identifiable information or materials,” including name, address, date of birth, telephone number and educational records, provided to Operators by students, their schools, their parents or legal guardians, or otherwise gathered by the Operators.

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Consumer Groups Drop Out of NTIA Multistakeholder Process Regarding the Commercial Use of Facial Recognition Technology

On June 16, 2015, the Consumer Federation of America announced in a joint statement with other privacy advocacy groups that they would no longer participate in the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology. The letter was signed by the Center for Democracy & Technology, the Center for Digital Democracy, the Consumer Federation of America, Common Sense Media, the Electronic Frontier Foundation, the American Civil Liberties Union, Consumer Action, Consumer Watchdog and the Center on Privacy & Technology at Georgetown University Law Center. This decision comes after 16 months of meetings and negotiations. In its announcement, the group highlighted its inability to come to an agreement with industry groups on how the issue of consumer consent would be addressed in a code of conduct regarding the use of facial recognition technology. Specifically, the disagreement between consumer and industry groups revolved around the default rule for consumer consent (i.e., whether the default should be opt-in or opt-out consent).

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Article 29 Working Party Publishes Its Position on the Proposed EU General Data Protection Regulation

On June 18, 2015, the Article 29 Working Party (the “Working Party”) published letters regarding the proposed EU General Data Protection Regulation (the “Regulation”) addressed to representatives of the Council of the European Union, the European Parliament and the European Commission. Attached to each of the letters is an Appendix detailing the Working Party’s opinion on the core themes of the Regulation.

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Council of the European Union Agrees on General Approach to the Proposed General Data Protection Regulation

The Council of the European Union has agreed on a general approach to the proposed EU General Data Protection Regulation (the “Regulation”). This marks a significant step forward in the legislative process, and the Council’s text will form the basis of its “trilogue” negotiations with the European Parliament and the European Commission. The aim of the trilogue process is to achieve agreement on a final text of the Regulation by the end of 2015. The first trilogue meeting is expected to take place on June 24, 2015.

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