Privacy

Cybersecurity Law & Strategy

A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act

John Beardwood and Shan Arora

Part Two In a Series

Part One of this series introduced the history of Canada’s recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two analyzes the new compliance requirement of valid consent.

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Cybersecurity Law & Strategy

Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act

Rita W. Garry

While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks.

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Cybersecurity Law & Strategy

Not Just Your Same Old Privacy Legislation: A Compliance Briefing for Privacy Officers on the New Canadian Consumer Privacy Protection Act

John Beardwood and Shan Arora

Part One In a Series

This article, which reviews the Canadian Consumer Privacy Protection Act, first seeks to identify the delta between the Act and PIPEDA in order to allow privacy officers of organizations that are already PIPEDA compliant to identify the net new compliance requirements under the Act and second, to highlight the provisions of the Act which, if breached, could lead to the imposition of significant fines.

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Cybersecurity Law & Strategy

Data Privacy and Security Considerations for Mobile Health App Developers and Their Counsel

Angela Matney

In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers’ privacy and security practices and take steps to safeguard sensitive data related to reproductive health.

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Cybersecurity Law & Strategy

California’s Latest Privacy Rulemaking Proposes Further Obligations for Businesses  

Kyle Fath, Alan Friel, Shea Leitch and David J. Oberly

While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.

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Cybersecurity Law & Strategy

California ‘Right to Know Act’ Sets Off Alarm Bells Ring for Privacy Experts

Isha Marathe

While state data privacy legislation is picking up across the U.S., a California bill that recently passed the State Senate and has remained largely under the radar, has some privacy experts raising alarm bells.

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Cybersecurity Law & Strategy

Metaverse Raises Privacy and Cybersecurity Concerns

Oriana Alexander, Wail Jihadi and Bryan Parker

The Metaverse will be the next version of the Internet that provides an immersive virtual experience. For now, the extent to which Metaverse technology will be integrated into our physical world remains unknown. This raises new concerns about data privacy, cybersecurity, new cybercrimes and constitutional issues.

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Cybersecurity Law & Strategy

Ninth Circuit Allows Data Scraping from LinkedIn

Marianna Wharry

The Ninth Circuit reaffirmed data analytics company hiQ Labs Inc.’s ability to scrape publicly available data from LinkedIn’s platform despite the social media company’s claim that the data collected violated federal hacking laws.

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Cybersecurity Law & Strategy

California Consumer Privacy Law Cases Climbing, and Not Just In California

Jessica Mach

Plaintiffs filed 145 lawsuits last year to enforce provisions under the CCPA, a 60% increase from 2020. Lawsuits alleging violations of the California law were also filed across the country, pending at one point in 33 courts across 20 states.

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Cybersecurity Law & Strategy

Examining the Differences Between Data Privacy and Data Security

Melissa Griffins Paulk

As businesses develop data protection frameworks to ensure compliance, it is important for companies to design a data protection program that contemplates data privacy and data security individually, to achieve the most comprehensive data protection program.

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Cybersecurity Law & Strategy

Taming the Data Privacy Chaos in Contract Management

Gretchen Bakhshai

How contract management practitioners can remain in compliance with rapid changes in data privacy regulations.

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Cybersecurity Law & Strategy

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps

Anna Remis

Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI and machine learning models. Companies are well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.

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Cybersecurity Law & Strategy

Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)

Lauren Caisman and Christian Auty

The year started with Portland, Oregon’s ban on the use of facial recognition technology by private entities in places of “public” accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.

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Cybersecurity Law & Strategy

Cybersecurity and Legal Tech In 2022: Predictions from the Field

Zach Warren

It’s still a dangerous cyber world as we enter 2022, but one that today’s attorneys and legal technologists are prepared to tackle. Here’s what they predict for cybersecurity, remote work, privacy and e-discovery in the new year.

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Cybersecurity Law & Strategy

Cybersecurity and Corporate Privacy Enforcement Is Focus of Feds

David Saunders and Julian L. André

It started as a hushed rumor in the beltway, then became a known fact by those going to join the administration. And now we all know: The Biden administration has brought with it a renewed focus on data privacy and cybersecurity.

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Cybersecurity Law & Strategy

What You Need to Know About China’s New Privacy Law

Devin Chwastyk and Christian Wolgemuth

The Personal Information Protection Law of the People’s Republic of China (PIPL) went into effect on Nov. 1 and brought with it a suite of new requirements and lingering questions.

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Cybersecurity Law & Strategy

9th Circuit: Police Violated Google Users’ Privacy Rights After Automated Email Scan Detected Child Pornography

Alaina Lancaster

A federal appeals court found that law enforcement violated a Google user’s constitutional rights when it opened email attachments the platform flagged as child pornography through an automated system.

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Cybersecurity Law & Strategy

How to Address Evolving Privacy Regulations During Discovery

Gina Taranto

One Recipe for Success: Treat Private Data With the Same Priority Given to Privilege

But for all the coverage that privacy regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices.

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Cybersecurity Law & Strategy

Preserving Snaps: Understanding Retention Features of Messaging Apps

Philip Favro

The recent Doe v. Purdue University case out of the Northern District of Indiana — in which the court sanctioned plaintiff for failing to preserve relevant images and videos from his Snapchat application — teaches that counsel must understand the retention and deletion features of Snapchat and other messaging apps and social media if they are to help their clients preserve relevant ESI.

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Cybersecurity Law & Strategy

The Pandemic Job Market: From Drought to Pandemonium

Jared Coseglia

This article gives historical context to the events that brought us to the current climate and provides guidance on how employers and employees can successfully navigate the ensuing complexities of job searching and hiring in the post-pandemic pandemonium.

Part One of a Two-Part Article

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Cybersecurity Law & Strategy

NY Privacy Act Stalls, Would Escalate Protections Above Other State & International Regulations

F. Paul Greene

The failure of NYPA to pass is not exceptionally noteworthy. What is noteworthy, however, is that it marks an escalation of data privacy protections and restrictions not seen in other major regulatory regimes, whether in the United States or abroad. And since most believe its failure to pass was due more to the end-of-session rush than its contents, don't be surprised if it pops up again in January 2022.

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Cybersecurity Law & Strategy

Where Is the Consumer In Consumer Privacy Legislation?

Rita W. Garry

In the past four months of 2021, the amount of state legislative activity around consumer data privacy laws has been frantic, by state legislatures standards. So much so, it is not easy to discern the cause for all this effort.

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Cybersecurity Law & Strategy

Mastery of Information: How to Successfully Manage Ungoverned Data for Risk Mitigation

Peter Baumann

Companies are collecting and managing more data than ever, essentially in order to create value, thus in effect making every company a “data” company. But for data to provide value, organizations need to know where it is, who has access to it, how it’s managed, including its longevity value, and how it needs to be secured and protected.

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Cybersecurity Law & Strategy

The World of NFTs

Christine K. Au-Yeung

NFTs have been all the rage lately. So what exactly are they?

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Cybersecurity Law & Strategy

Can You Hear Me Now? — Privacy of Discussions

Leonard Deutchman 

This article looks at privacy discussions, focusing on what in the circumstances discussed renders the IT data private and whether the criteria relied upon when courts and others in the discussion determine that the data is or is not private is truly determinative, as well as properly understood.

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Cybersecurity Law & Strategy

How to Avoid ‘Privacy Debt’

Catherine Zhu

For many tech companies today, their products and business model require the collection and storage of data. At the same time, a failure to build adequate data protection technology, processes, and operations will continuously generate “privacy debt” for the business. The accumulation of this “privacy debt” can eventually turn away customers, attract regulatory penalties, and create an existential risk for the company.

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Cybersecurity Law & Strategy

Privacy and Ethical Concerns of Vaccine Passports

Emily N. Litzinger and Alexa R. Hanlon

While the concept of digital vaccine passports might seem like a perfect solution, implementation is muddled not only by administrative feasibility, but the web of legal and business considerations raised if requiring the passport to return to the workplace or enter a business. This article untangles some of these complex legal considerations, including privacy and ethical concerns, offering employers guidance in evaluating their feasibility at the workplace.

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Cybersecurity Law & Strategy

California Privacy Protection Agency Roster Set

Mike Scarcella

California named five members to the inaugural board of the California Privacy Protection Agency, a new entity created by voters in 2020 that will enforce the state’s sweeping consumer privacy laws.

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Cybersecurity Law & Strategy

Winter 2021 Privacy Alert Roundup

Rebecca Perry

In this Privacy Alert Roundup, we’ll take a look at Virginia’s new proposed data protection law, a new proposed federal banking rule regarding cybersecurity incidents, and how lackadaisical vendor risk management can come back to bite you in court.

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Cybersecurity Law & Strategy

Telehealth Enforcement: Is It the Next Big Thing?

Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta

With the start of the Biden administration and a DOJ very likely led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.

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Business Crimes Bulletin

Telehealth Enforcement: Is It the Next Big Thing?

Ty E. Howard, Scarlett S. Nokes, Gene R. Besen and Jason P. Mehta

With the Biden administration and a DOJ led by Merrick Garland, predictions have begun about future trends in government enforcement. Two pieces of conventional wisdom emerge: First, the focus will shift to more white-collar crime enforcement actions. And second, the healthcare industry will continue to be a major focus for investigators and prosecutors.

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Cybersecurity Law & Strategy

Using Legal Tech to Help Lawyers Protect Privilege and Better Serve Their Clients

Daniel Farris

A recent UK High Court ruling has provided lawyers everywhere with a stark reminder on the scope of privilege for electronic communications: just because an email itself is privileged does not automatically render the documents attached to that email privileged.

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Cybersecurity Law & Strategy

NY Proposed Privacy Bill of Rights Could Add to Compliance Confusion

Frank Ready

New York Gov. Andrew Cuomo’s executive budget proposal includes plans for a comprehensive data privacy law that rather than bring more clarity to an increasingly fragmented U.S. privacy landscape, could place even more strain on corporate legal departments attempting to get a handle on compliance.

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The Intellectual Property Strategist

Northern District of California Holds Vanity License Plates Are Not Government Speech

Grace Tuyiringire

California DMV regulations excluding plaintiffs’ personalized plates were like the PTO trademark registration restrictions of SLANTS and FUCT — restrictions struck down by the U.S. Supreme Court for violating the First Amendment.

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Cybersecurity Law & Strategy

Data Privacy Forecast: 2021 On Pace to Be a Milestone Year

Jake Frazier

As the economy and business operations begin to stabilize in the new year, organizations will take stock of lessons learned and new risks that need to be addressed. In-house legal and information governance teams are likely to be at the forefront of these efforts, with a keen focus on the data privacy, security and compliance gaps that were exposed during the pandemic.

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Cybersecurity Law & Strategy

Automated License Plate Recognition and Privacy

David Horrigan

Just what is automated license plate recognition technology, and do you really have a reasonable expectation of privacy in a number emblazoned on the front of your Ford or the back of your Buick?

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The Bankruptcy Strategist

Privacy Issues In Bankruptcy Proceedings

Stephanie Skaff, Sushila Chanana and Ashleigh Nickerson

Due to the COVID-19 pandemic, some businesses are considering potential liquidation or restructuring through bankruptcy. Companies in this situation should keep privacy concerns in mind, because the handling of personal data in bankruptcy proceedings poses some unique challenges.

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Cybersecurity Law & Strategy

Cybersecurity 2020 Year In Review — And A Look Into 2021

A new administration in the U.S., ransomware, ALSPs, new regulations in the U.S. and abroad, and the long-lasting impact of working remotely are just some of the factors that respondents say will factor in to how law firms need to prepare for 2021.

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Entertainment Law & Finance

A Look at the EU’s Latest Proposal for Regulating Online Content

Linda A. Thompson

The DSA is intended to reset the rules around online content moderation and to reframe the responsibility of platforms for illegal content uploaded to their websites.

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Cybersecurity Law & Strategy

Transitioning to Remote, Electronic Signing for Transactions

Will Norton

The recent move to more remote work environments has prompted many to take a second look at not only eSignature solutions but also remote online notarization (RON). In order to support transactional practice groups in making the transition to electronic signing and closings, one must understand the challenges and opportunities of these technologies.

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Cybersecurity Law & Strategy

Fall 2020 Data Privacy Updates

Rebecca Perry

America and the EU continue altering data privacy frameworks for businesses.

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Cybersecurity Law & Strategy

Privacy Issues of Contact Tracing

Shari Claire Lewis

Companies considering whether to suggest, or even to require, contact tracing for employees or others must consider a host of legal issues, including privacy. This article describes contact tracing, focusing on how technology has made it a more powerful weapon against viruses and diseases than ever before.

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Cybersecurity Law & Strategy

Video Conferencing and the CCPA

Shaia Araghi and Kyle Janecek

Users have become increasingly concerned about the privacy of videoconferencing platforms, due to exposure of information from security breaches. We examined the privacy policies of six prominent applications to determine their compliance with the California Consumer Privacy Act (CCPA).

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Cybersecurity Law & Strategy

The State of the e-Discovery and Data Privacy Job Market: Pre and Post COVID-19 – Part 2

Jared Coseglia

A deep dive into the pre and post pandemic e-discovery job market landscape and what data privacy professionals can learn from ESI employment trends.

Part Two of a Two-Part Article

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Cybersecurity Law & Strategy

Summer 2020 Data Privacy Updates

Rebecca Perry

America and the EU Continue Altering Data Privacy Frameworks for Businesses
A close look at a couple of privacy-related issuances from California, along with the European Court of Justice ruling invalidating the EU-U.S. privacy shield.

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Cybersecurity Law & Strategy

Ransomware – COVID-19 & Upgrading Your Defenses

Jonathan Armstrong and André Bywater

It’s pretty shameful that in the current crisis we’re seeing ransomware on the rise. It’s even more shameful that organizations involved in fighting the virus seem to be especially at risk.

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Cybersecurity Law & Strategy

Facebook and Instagram Developers Sued for Privacy Violations In U.S. and UK

Alaina Lancaster

Facebook filed two separate lawsuits in the UK and U.S. that the company says is part of an ongoing effort to hold developers that abuse its platform accountable.

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Cybersecurity Law & Strategy

The State of the e-Discovery and Data Privacy Job Market: Pre- and Post-COVID-19, Part 1

Jared Coseglia

Part One of a Two-Part Article

This deep dive into the specific cause-and-effect paradigms impacting the data privacy and e-discovery verticals illustrates broader trends in the overall legal technology job market while simultaneously giving professionals in (or eager to be in) those disciplines a clear roadmap of where the legal technology, data privacy, and ESI job market was, is today, and where it will be in the future.

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Cybersecurity Law & Strategy

Cybersecurity for Remote Workers: Keeping Financial Information Secure

Ashley Thomas

At the beginning of the COVID-19 pandemic, businesses scrambled to rapidly deploy a remote workforce which created new challenges for businesses to continue operating and providing critical services. It also created an opportunity for malicious actors to hack into and gain access to IT systems and sensitive, personal information.

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Business Crimes Bulletin

Where Will the Needle Land?

Scott Pink and John Dermody

COVID-19 Contact Tracing v. Protecting Personal Privacy

As states roll back stay-at-home orders, contact tracing has quickly emerged as an essential tool to manage the spread of the coronavirus and allow the country to return to work safely. But innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.

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