As the BakerHostetler Digital Risk Advisory and Cybersecurity team wraps up the 2022 edition of annual Data Security Incident Response (DSIR) Report, we take one last look at the findings in the 2021 edition of the report to prepare our
Data Counsel
Commentary Addressing Risks and Opportunities Through the Lifecycle of Data, Technology, Advertising and Innovation
Data Counsel, published by Baker & Hostetler LLP, focuses on legal issues related to data privacy, cybersecurity, and digital risk management. The blog covers topics such as compliance with privacy laws like the California Consumer Privacy Act (CCPA) and Washington's My Health My Data Act, enforcement actions by regulatory agencies, cybersecurity incident response, data breach litigation, and the implications of new data transfer frameworks like the EU-U.S. Data Privacy Framework. It also addresses emerging challenges in automated decision-making technologies, hospital website analytics privacy concerns, and strategic considerations for managing digital assets and data governance.
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Why Everyone Is Talking About a Rarely Invoked Rule – the FTC’s Health Breach Notification Rule
Back in September, the Federal Trade Commission (FTC) issued (by a 3-2 vote) a policy statement (the Statement) regarding the oft-forgotten Health Breach Notification Rule (the Rule). I was at the FTC when the Statement was released and have since…
Reporting Cyberattacks: Challenges for US Government Defense Contractors
By Brian Craig & Orga Cadet
A report published by the U.S. Government Accountability Office (GAO) on Dec. 8, 2021, highlights the complexity surrounding cybersecurity compliance for the Department of Defense (DOD) and its contractors. The GAO’s report recommended that the DOD improve its communication to…
US Facial Recognition Firm Ordered to Stop Processing UK and Australian Data and Pay Fine Over Privacy Law Violations
ICO and OAIC Find ‘Serious Breaches’ of Privacy Law
On Nov. 29, 2021, the U.K. Information Commissioner’s Office (ICO) announced a provisional intent to fine Clearview AI over £17 million, alleging several privacy violations related to the company’s use of…
Federal Banking Regulators Issue 36-Hour Computer-Security Incident Notification Requirement
As the federal government continues its whole-of-government response to cyber incidents, federal banking regulators took action to impose a new notice requirement on federally regulated banks. In November, the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of…
A Digital Advertising Primer on Preparing for the Post-Cookie World: Part One
Editor’s Note: This blog post was originally published in September 2021, courtesy of the Association of National Advertisers. It is repurposed with permission.
— PART I —
Overview of the Five-Part Series
In a time of constant change in digital advertising, there…
Welcome Brian Craig to the Digital Assets and Data Management Group
Please join me in welcoming Counsel Brian Craig to the Digital Assets and Data Management Group. Brian is located in our Washington, D.C. office and is a member of the Digital Risk Advisory and Cybersecurity (DRAC) Team.
Brian has deep…
Is China’s Personal Information Protection Law Contributing to the Global Supply Chain Snafu?
Less than a month after China’s Personal Information Protection Law (PIPL) took effect, ships in Chinese waters began disappearing from industry tracking systems.
While the PIPL governs the collection and cross-border transfer of personal information, which is broadly defined as…
Are More European Standard Contractual Clauses Coming?
On November 18, 2021, the European Data Protection Board (EDPB) adopted its new draft guidance on the interplay between Article 3 of the European Union’s General Data Protection Regulation (GDPR) and Chapter V of the same law. This new guidance specifies…
China Issues Draft Measures on Security Assessment of Cross-Border Data Transfer
On Oct. 29, 2021, the Cyberspace Administration of China (CAC) published the “Draft Measures on Security Assessment of Cross-Border Data Transfer” (Draft Measures) for comment through Nov. 28. The Draft Measures follow and are based on China’s Cybersecurity Law (CSL),…