HL Chronicle of Data Protection

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“There is a cliff, whose high and bending head looks fearfully in the confined deep. Bring me but to the very brim of it” says the blinded Earl of Gloucester in Shakespeare’s King Lear, thinking that he is at the edge of the famous white cliffs of Dover. Right now, the whole of the U.K. appears to be on the same spot looking over a precipice. However, this is not the moment to be blind. As…
Increasing numbers of initiatives, devices, and solutions related to the Internet of Things (IoT) are substantially impacting the development of cybersecurity and data privacy regulations throughout Asia. After the implementation of the General Data Protection Regulation (GDPR) in Europe, for example, Asian lawmakers are considering strengthening their own data protection laws. The region is also characterized by a push in a number of jurisdictions towards data localization requirements driven more by “cyber sovereignty,” national security…
Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage solutions. Demystifying the U.S. CLOUD Act was written by Hogan Lovells partners Winston Maxwell and Mark Brennan, and senior associate Arpan Sura.…
On 14 August 2018 Brazil approved its new General Data Privacy Law (Lei Geral de Proteção de Dados Pessoais or “LGPD”) – a comprehensive law that closely mirrors the European Union’s General Data Privacy Regulation (“GDPR”). Although the LGPD significantly expands Brazil’s data protection framework and places the country among one of the few jurisdictions to provide similar data privacy protections as those offered in the European Union, the new law did not create a…
The California Attorney General Xavier Becerra and the California Department of Justice will hold six public forums about the California Consumer Privacy Act (CCPA) that are open to all members of the public. These public forums are being held pursuant to Section 1798.185 of the CCPA, which requires the Attorney General to “solicit broad public participation and adopt regulations to further the purposes” of the CCPA, including, but not limited to, the following areas:…
The Brazilian General Data Protection Law (“Lei Geral de Proteção de Dados” or “LGPD”), passed by Congress on 14 August 2018, will come into effect on 15 February 2020. The new data protection law significantly improves Brazil’s existing legal framework by regulating the use of personal data by the public and private sectors. Very similar to the General Data Protection Regulation (“GDPR”) implemented in the European Union, the LGPD imposes strict regulations on the collection, use,…
Hogan Lovells partner Bret Cohen recently participated in the webinar “HR Data Privacy – Protecting Privacy in Global Diversity and Inclusion Initiatives,” hosted by BrightTALK. In this webinar, Bret and Jackie Wilkosz of Aleada Consulting discussed issues that arise at the intersection of global privacy laws and diversity and inclusion initiatives. Many companies have initiatives or programs designed to enhance the diversity and inclusiveness of their workforce or applicant pools. To implement and evaluate the…
The Department of Health and Human Services (HHS) announced a Request for Information (RFI) regarding how the HIPAA Privacy, Security, and Breach Notification Rules could be modified to reduce regulatory burdens and to improve care coordination, case management, and value-based health care. In addition to opening the door for public comments on current challenges and potential modifications to the HIPAA Rules, the RFI specifically requests feedback on anticipated changes to several specific provisions of the…
Amid the constitutional and political uncertainties surrounding the Brexit process, the UK Government has provided welcome assurance on the data protection front. Guidance issued by the Department for Digital, Culture, Media & Sport (DCMS) confirms how UK data protection law will work in the event the UK leaves the EU without a deal. Whilst the Government still regards a No Deal Brexit as “unlikely”, given the extremely severe implications of that scenario for transfers of…