Privacy & Information Security Law Blog

On September 23, 2016, the European Data Protection Supervisor (the “EDPS”) released Opinion 8/2016 (the “Opinion”) on the coherent enforcement of fundamental rights in the age of big data. The Opinion updates the EDPS’ Preliminary Opinion on Privacy and Competitiveness in the Age of Big Data, first published in 2014, and provides practical recommendations on how the EU’s objectives and standards can be applied holistically across the EU institutions. According to the EDPS, the Digital Single Market Strategy presents an opportunity for a coherent approach with respect to the application of EU rules on data protection, consumer protection, antitrust enforcement and merger control. In addition, the EDPS calls for greater dialogue and cooperation between data protection, consumer and competition authorities in order to protect the rights and interests of individuals, including the rights to privacy, freedom of expression and non-discrimination.

On September 27, 2016, the French Data Protection Authority (“CNIL”) announced the adoption of two new decisions, Single Authorizations AU-052 and AU-053, that will now cover all biometric access control systems in the workplace. These two new decisions repeal and replace the previous biometric decisions adopted by the CNIL and lay down the CNIL’s new position on biometric systems used to control access to the premises, software applications and/or devices in the workplace.  

Episode 2: Response

In the second segment of our 3-part series with Lawline, Lisa J. Sotto, head of our Global Privacy and Cybersecurity practice at Hunton & Williams LLP, discusses data breach notification obligations and actions to take to manage the regulatory onslaught in the aftermath of a breach. Sotto notes that “these investigations are challenging because the threat actors are enormously sophisticated, and in some circumstances we can never figure out what happened.”

On September 23, 2016, the French Data Protection Authority ("CNIL") published the results of the Internet sweep on connected devices. The sweep was conducted in May 2016 to assess the quality of the information provided to users of connected devices, the level of security of the data flows and the degree of user empowerment (e.g., user’s consent and ability to exercise data protection rights).

On September 22, 2016, Korean law firm Bae, Kim & Lee LLC released a Legal Update outlining amendments to Korea’s Personal Information Protection Act (“PIPA”) and the Act on the Promotion of IT Network Use and Information Protection (“IT Network Act”).

On September 20, 2016, the Department of Transportation, through the National Highway Traffic Safety Administration (“NHTSA”), released federal cyber guidance for autonomous cars entitled Federal Automated Vehicles Policy (“guidance”).

On September 16, 2016, the Belgian Data Protection Authority (the “Privacy Commission”) published a 13-step guidance document (in French and Dutch) to help organizations prepare for the EU General Data Protection Regulation (“GDPR”).

The 13 steps recommended by the Privacy Commission are summarized below.

Episode 1: Identify & Mobilize

In the first segment of our 3-part series with Lawline, Lisa J. Sotto, head of our Global Privacy and Cybersecurity practice at Hunton & Williams LLP, explains how to identify a cyber incident, mobilize your incident response team, coordinate with law enforcement and conduct an investigation.

On September 15, 2016, the New Jersey Senate unanimously approved a bill that seeks to limit retailers’ ability to collect and use personal data contained on consumers’ driver and non-driver identification cards. The bill, known as the Personal Information and Privacy Protection Act, must now be approved by the New Jersey Assembly.

On September 13, 2016, New York Governor Andrew Cuomo announced a proposed regulation that would require banks, insurance companies and other financial services institutions to establish and maintain a cybersecurity program designed to ensure the safety of New York’s financial services industry and to protect New York State from the threat of cyber attacks.