Privacy & Data Security

  In the News Roundup, Nick Weaver and I offer very different assessments of Australia’s controversial encryption bill. Nick’s side of the argument is bolstered by Denise Howell, the original legal podcaster, with 445 weekly episodes of This Week in Law to her credit. Later in the program, I interview Rep. Jim Langevin (D-RI), who’s a force for cybersecurity both on the Homeland Security Committee and on the Armed Services subcommittee that…
On December 4, 2018, the New York Attorney General (NYAG) announced that Oath Inc., which was known until June 2017 as AOL Inc. (AOL), has agreed to pay a $4.95 million civil penalty to settle allegations that AOL’s ad exchange practices violated the Children’s Online Privacy Protection Act (COPPA). The $4.95 million penalty is the largest ever assessed by any regulator in a COPPA enforcement matter.…
The Commodity Futures Trading Commission’s LabCFTC recently released “A CFTC Primer on Smart Contracts” as part of LabCFTC’s effort to engage with innovators and market participants on a range of financial technology (FinTech) topics. The Primer offers a clear and concise explanation of “smart contracts” and their potential impact on the CFTC’s mission to foster open, transparent, competitive, and financially sound futures and derivatives markets.…
Join us for a webinar on December 13th at 11am PST/2pm EST: The Practical Reality of Design Influence in IoT The technology sector is under increasing pressure to protect users and data from cyber threats. Regulatory oversight and recently passed legislation in California require reasonable security for devices that connect directly to the Internet, have an IP address, or that are bluetooth enabled. Manufacturers will be required to build security into the development life cycle…
The Data Protection (Charges and Information) Regulations 2018 came into force in May 2018. Generally, these Regulations mean that Controllers must pay the ICO an annual data protection fee unless they are exempt. The exemptions are relatively limited. The requirement to pay an annual fee replaces the previous requirement to register with the ICO. The fee ranges from £40 to £2900, depending on the tier of organisation. The fee helps to fund the ICO.…
California Consumer Protection Act Privacy Groups Urge California Lawmakers Not to Weaken California Consumer Privacy Act • A variety of privacy groups, including the Electronic Frontier Foundation, the Digital Privacy Alliance and the Center for Digital Democracy, sent a letter to California lawmakers asking them not to “push[] California backward” when it comes to privacy rights and to continue amending the California Consumer Privacy Act (the CCPA) for the better. • Touting California’s lead on…
On November 27, 2018, the Senate Commerce, Science, and Transportation Committee’s Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security held an oversight hearing of the U.S. Federal Trade Commission.  The hearing marked the first appearance before the Senate of the full slate of current FTC commissioners: Republicans Chairman Joe Simons, Noah Phillips, and Christine Wilson, and Democrats Rohit Chopra and Rebecca Slaughter.  In addition to confirming that the FTC will continue to prioritize…
If at first they don’t consent, try, try again? A new form of privacy fraud further complicates the relationship between the Ad Tech industry and GDPR. As Ad Tech vendors struggle to comply with the strict requirements of the EU General Data Protection Regulation (GDPR), especially around the acquisition of freely given, specific, informed and unambiguous user consent for the use of personal data – a new form of privacy fraud called “consent string fraud”…
This is the ninth installment in Hogan Lovells’ series on the California Consumer Privacy Act. The California Consumer Privacy Act of 2018 (“CCPA”) exempts information that is collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (“GLBA”), and its implementing regulations (the “Privacy Rule”), or the California Financial Information Privacy Act (“CFIPA”).  It does not exempt financial institutions altogether from its requirements where a financial institution is processing information not subject to these…