Privacy & Information Security Law Blog

Recently, the Cyberspace Administration of China published for public comment a draft of the Regulations on the Online Protection of Minors (“Draft Regulations”). The Draft Regulations are open for comment until October 31, 2016.

A recent update on the Court of Justice of the European Union’s (the “CJEU’s”) website has revealed that Digital Rights Ireland, an Irish privacy advocacy group, has filed an action for annulment against the European Commission’s adequacy decision on the EU-U.S. Privacy Shield (the “Privacy Shield”).

Hunton & Williams LLP is proud to announce our Privacy & Information Security Law Blog has been nominated in The Expert Institute’s 2016 Best Legal Blog Contest for Best AmLaw Blog of 2016. From all of the editors, lawyers and contributors that make our blog a success, we appreciate your continued support and readership, and ask that you please take a moment to vote for our blog!

The Privacy & Information Security Law Blog was ranked as the #1 Privacy & Data Security blog in LexBlog’s 2015 AmLaw 200 Blog Benchmark Report, and named PR News’ Best Legal PR Blog in 2011. It was noted that the ...

On October 21, 2016, the Vietnam e-Commerce and Information Technology Agency and APEC co-hosted an APEC Cross-Border Privacy Rules (“CBPR”) system capacity-building workshop in Da Nang, Vietnam, on the heels of last week’s bilateral affirmation of commitment between the U.S. and Japan to implement and expand the CBPR system. The workshop further signals the continuing growth of the CBPR system.

On October 25, 2016, the Federal Trade Commission released a guide for businesses on how to handle and respond to data breaches (the “Guide”). The 16-page Guide details steps businesses should take once they become aware of a potential breach. The Guide also underscores the need for cyber-specific insurance to help offset potentially significant response costs.

On October 18, 2016, the United States Court of Appeals for the Fifth Circuit held in Apache Corp. v. Great American Ins. Co., No 15-20499 (5th Cir. Oct. 18, 2016), that a crime protection insurance policy does not cover loss resulting from a fraudulent email directing funds to be sent electronically to the imposter’s bank account because the scheme did not constitute “computer fraud” under the policy.

Earlier this month, Hunton & Williams announced that Global Privacy and Cybersecurity partner Aaron P. Simpson has switched to London from the firm’s New York office. He will continue his work on behalf of clients as a leader of the firm’s Global Privacy and Cybersecurity practice.

Earlier this month, at a meeting of the Article 31 Committee, the European Commission (“Commission”) unveiled two draft Commission Implementing Decisions that propose amendments to the existing adequacy decisions and decisions on EU Model Clauses.

On October 19, 2016, the International Trade Administration issued a press release reaffirming the commitment of both the U.S. Department of Commerce and Japan’s Personal Information Protection Commission (the “PPC”) to continue implementation of the APEC Cross-Border Privacy Rules (“CBPR”) system in order to foster the protection of personal information transferred across borders. According to the press release, the PPC’s “recent decision to recognize the system as a mechanism for international data transfers in the implementing guidelines for Japan’s amended privacy law marks an important milestone for the development of the APEC CBPR system in Japan.” Going forward, both agencies also have committed to cooperate in raising awareness and encouraging other APEC member economies to implement the CBPR system.

On October 14, 2016, the National Highway Transportation Administration (“NHTSA”) indicated in a letter to Congress that it intends to issue new best practices on vehicle cybersecurity. This letter came in response to an earlier request from the House Committee on Energy and Commerce (“Energy and Commerce Committee”) that NHTSA convene an industry-wide effort to develop a plan to address vulnerabilities posed to vehicles by On-Board Diagnostics (“OBD-II”) ports. Since 1994, the Environmental Protection Agency has required OBD-II ports be installed in all vehicles so that they can be tested for compliance with the Clean Air Act. OBD-II ports provide valuable vehicle diagnostic information and allow for aftermarket devices providing services such as “good driver” insurance benefits and vehicle tracking. Because OBD-II ports provide direct access to a vehicle’s internal network; however, OBD-II ports are widely cited as the central vulnerability to vehicle cybersecurity.