As public pressure increases on legislators to better protect the personal information that organizations collect, interest has grown in using a property framework, rather than the current privacy model. On October 1, U.S. presidential candidate Andrew Yang became the latest policymaker to advocate for a data security framework that treats personal information as property. Yang released a policy proposal entitled “Data as a Property Right.” The paper starts by listing several common concerns…

As regulators ramp up their cybersecurity enforcement, one area of increasing focus is in-house expertise.  Regulators are starting to explicitly require companies to have qualified data protection personnel.  For example, the New York Department of Financial Services (NYDFS) cyber rules require that companies’ cybersecurity personnel be qualified to manage the company’s cybersecurity risks, receive cybersecurity updates and training, and maintain current knowledge of cybersecurity issues. On September 12, 2019, the Commodity Futures Trading Commission (“CFTC”) …

We have issued a memo on the European Court of Justice’s recent preliminary ruling on the GDPR and a data subject’s qualified right of erasure with respect to personal data, which concluded that EU rules require a search engine operator to carry out such a request only on versions of its search engine corresponding to EU member states rather than on all versions worldwide. View as a PDF…