Eye On Privacy

Timely Updates and Analysis on Privacy and Cybersecurity Issues

Apple has launched, in connection with other privacy changes in iOS 14, a requirement for privacy “nutrition labels.” The labels are required for new and existing apps, and are in addition to the existing requirement of linking to the company’s long-form privacy policy. Apple will automatically generate the label based on the company’s answers to its online questionnaire. Apple is requiring companies to explain what information they -and third-party partners collect. Answers will be…
One of the methods US and EU companies rely on most frequently for the transfer of personal data from the EU to the US are standard contractual clauses. For the method to be acceptable as a valid basis for transfer of personal information, one critical step is for companies to use the version of the clauses as approved by the EU Commission. This has causes some confusion and concern, as the clauses predate GDPR and…
NIST has now finalized its guidance providing important information on selecting both security and privacy control baselines for the Federal Government. The guidance is available here: Special Publication 800-53B, Control Baselines for Information Systems and Organizations. As we previously discussed when the draft version was released, these control baselines are from NIST Special Publication 800-53, and have been moved to this separate publication as a consolidated catalog of privacy and security controls. While the…
By ballot initiative, California residents recently approved Proposition 24, or the California Privacy Rights Act (CPRA), with approximately 56 percent voting in favor. CPRA significantly amends the CCPA by expanding individual rights, introducing new GDPR-style governance measures, and establishing a new enforcement agency (among other things). Importantly, CPRA does not replace or repeal CCPA, but rather augments it.  Further, no new private right of action will be added by CPRA.  The substantive provisions of CPRA…
The California Attorney General recently released a third set of proposed modifications to the CCPA regulations. As we previously covered, the CCPA regulations were approved and went into effect on August 14, 2020. Many companies will likely be frustrated by the fact that new changes have been proposed again, just two months after the final version was approved. Companies have until October 28, 2020 to submit comments to the AG on the modifications.…
Israel’s Privacy Protection Authority recently announced that Privacy Shield can no longer be relied on for data transfers between Israel and the United States. Israel did not have a direct Privacy Shield arrangement with the U.S., instead permitting the many Israeli companies that exchange data with their American counterparts to rely on a provision of its Privacy Protection Regulations that allows for transfers of data to any country that receives data from the EU under…
The Department of Defense (DoD) recently published an interim rule that sets forth its Cybersecurity Maturity Model Certification (CMMC) program plan, as well as new requirements for a “NIST SP 800-171 DoD Assessment Methodology.” NIST SP 800-171 relates to protection of sensitive, but unclassified information (within a company’s system.) The interim rule will be effective November 30, 2020, and comments are due the same day. You can read our in-depth breakdown of the key provisions…
After many years of being in draft form, NIST recently released its final version of Revision 5 of Special Publication 800-53, Security and Privacy Controls for Information Systems and Organizations to address a need for a more proactive and systematic approach to cybersecurity. With the release of Revision 5, NIST hopes to provide updated security and privacy controls that will make information systems more penetration resistant, limit damages from cyber-attacks, make systems more cyber-resilient, and…