Privacy & Information Security Law Blog

On October 18, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published an opinion piece in the leading European policy outlet, Euractiv, titled “The Time is Now: Why modernising transatlantic cooperation on cross-border law enforcement access to electronic evidence should be a priority.”

The piece argues that at a time of an increased threat of cybercrime, digital fraud, disinformation, and other illicit activities online, we need a holistic discussion between law enforcement, policymakers and privacy communities to balance societal interests and individual rights.

On September 28, 2023, the Cyberspace Administration of China (“CAC”) released the “Provisions on Regulating and Facilitating Cross-Border Data Flows” for public comment (the “Proposal”). The deadline for public comment on the Proposal was October 15, 2023.

On October 17, 2023, The First-tier Tribunal of the UK General Regulatory Chamber allowed an appeal by Clearview AI Inc. (“Clearview”) against an enforcement notice and fine issued by the UK’s Information Commissioner’s Office (“ICO”).

On October 5, 2023, Blackbaud Inc., a software provider for the philanthropy, healthcare, and education sectors, has resolved claims that the District of Columbia and 49 U.S. states raised. The claims stem from a ransomware attack that impacted Blackbaud in 2020. The company was affected by a ransomware attack that exposed user information to unauthorized third parties. The breach not only impacted approximately 13,000 Blackbaud customers, but the customers’ own clients and donors as well.

On October 10, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) announced the publication of its White Paper on business-to-government (B2G) data sharing. 

On  September 29, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) released a new paper on its Ten Recommendations for Global AI Regulation. The paper is part of CIPL’s Accountable AI project and follows several earlier contributions including Artificial Intelligence and Data Protection in Tension (October 2018), Hard Issues and Practical Solutions (February 2020), and Artificial Intelligence and Data Protection: How the GDPR Regulates AI (March 2020).

On September 29, 2023, the Supreme Court of the United States (“SCOTUS”) accepted petitions challenging the constitutionality of social media laws in Florida and Texas. Florida’s law, S.B. 7072, prohibits “a social media platform from willfully deplatforming a [political] candidate.” Texas’s law, H.B. 20, refers to social media platforms as “common carriers” that are “central public forums for public debate,” and requires common carriers to publicly disclose information related to the common carrier’s method of recommending content to users, content moderation efforts, use of algorithms to determine search results, and the common carrier’s ordinary disclosures to its users on user performance data for each of its platforms. Both of these laws were challenged by NetChoice, LLC, a national trade association of large online businesses, who had recent successes in blocking several laws, including the California Age-Appropriate Design Code and a similar social media law in Arkansas.

On October 3, 2023, the UK Information Commissioner's Office ("ICO") published new Guidance on lawful monitoring in the workplace, designed to help employees comply with their obligations under the UK General Data Protection Regulation ("UK GDPR") and the Data Protection Act 2018 ("DPA").

On September 19, 2023, the Director of the Federal Trade Commission Bureau of Consumer Protection, Samuel Levine, delivered remarks that provided insight into the FTC’s ongoing strategy for regulating artificial intelligence (“AI”) during the National Advertising Division’s annual conference. Levine emphasized that the FTC is taking a more proactive approach to protect consumers from the harmful uses of AI, while ensuring the market remains fair, open, and competitive. Levine expressed the belief that self-regulation is not sufficient to address the regulation of ...

On September 14, 2023, the Federal Trade Commission issued a press release announcing the publication of a staff paper about blurred advertising. In the staff paper, the FTC describes blurred advertising as the blending of ads with digital media content (e.g., displaying ads within online games and virtual reality worlds). The FTC warns that these ads are not readily identifiable as marketing by consumers and pose a significant threat to young children who do not have the skills or cognitive defenses to identify and understand this type of advertising. The FTC recommends that ...