Privacy & Information Security Law Blog

How do we focus on individuals and ensure meaningful control and the empowerment of individuals in the modern information age? What data privacy tools would drive empowerment in the digital world of today and tomorrow, perhaps more effectively and more nimbly than traditional individual consent? At a time when many countries are legislating or revising their data privacy laws and organizations are searching for best practices to embed in their business models, these questions are more relevant today than ever. In an article published on July 2, 2015, in the International Association of Privacy Professionals’ Privacy Perspective, entitled Empowering Individuals Beyond Consent, Bojana Bellamy and Markus Heyder of the Centre for Information Policy Leadership at Hunton & Williams argue that consent is no longer the best or only way to provide control and protect individuals. There are alternative and additional tools in our toolkit that can deliver effective data privacy and greater individual empowerment.

Richard Thomas, former UK Information Commissioner and Global Strategy Advisor to the Centre for Information Policy Leadership, was invited to a unique event in Scotland last week.

Peter Hustinx, who retired as the European Data Protection Supervisor at the end of 2014, was awarded the Honorary Degree of Doctor of Science in Social Science by the University of Edinburgh.

On June 30, 2015, the French Data Protection Authority (the “CNIL”) summarized the results of the cookie inspections it conducted at the end of 2014.

On June 30, 2015, the Federal Trade Commission announced its new “Start With Security” business education initiative, which will provide businesses with information on data security and how to protect consumer information.

Earlier this month, the Payment Card Industry Security Standards Council (“PCI SSC”) published a set of enhanced validation procedures designed to provide greater assurance that certain entities are maintaining compliance with the PCI Data Security Standard (“PCI DSS”) effectively and on a continuing basis. The payment card brands and acquirers will determine which organizations are required to undergo a compliance assessment with respect to these supplemental validation requirements, which are entitled the PCI DSS Designated Entities Supplemental Validation (“DESV”).

Hunton & Williams LLP partners Lisa J. Sotto, Scott H. Kimpel and Matthew P. Bosher recently published an article in Westlaw Journal’s Securities Litigation & Regulation entitled SEC Cybersecurity Investigations: A How-to Guide. The article details the U.S. Securities and Exchange Commission’s (“SEC’s”) role in cybersecurity regulation and enforcement, and offers best practice tips for navigating the investigative process. In the article, the authors note that the threat of an SEC enforcement investigation must be considered an integral part of cybersecurity ...

Hunton & Williams will host a live webinar covering the latest developments on the proposed EU General Data Protection Regulation on Thursday, July 9, at 12:00 p.m. EDT. The webinar will provide an overview of the current status of the EU General Data Protection Regulation, highlights from the ongoing trilogue discussions, and guidance on how to prepare for the upcoming changes.

This webinar is the first segment of a two-part series addressing updates on the proposed European legislative reform. We will hold Part II later this year as negotiations continue to develop.

The U.S. District Court for the Central District of California recently granted, only in part, a motion to dismiss a data breach class action against Sony Pictures Entertainment, Inc. (“Sony”) in Corona v. Sony Pictures Entertainment, Inc., No. 14-CV-09600 (RGK) (C.D. Cal. June 15, 2015). The case therefore will proceed with some of the claims intact.

Legislators in New Hampshire and Oregon recently passed bills designed to protect the online privacy of students in kindergarten through 12th grade.

On June 11, 2015, New Hampshire Governor Maggie Hassan (D-NH) signed H.B. 520, a bipartisan bill that requires operators of websites, online platforms and applications targeting students and their families (“Operators”) to create and maintain “reasonable” security procedures to protect certain covered information about students. H.B. 520 also prohibits Operators from using covered information for targeted advertising. H.B. 520 defines covered information broadly as “personally identifiable information or materials,” including name, address, date of birth, telephone number and educational records, provided to Operators by students, their schools, their parents or legal guardians, or otherwise gathered by the Operators.

On June 18, 2015, the Article 29 Working Party (the “Working Party”) published letters regarding the proposed EU General Data Protection Regulation (the “Regulation”) addressed to representatives of the Council of the European Union, the European Parliament and the European Commission. Attached to each of the letters is an Appendix detailing the Working Party’s opinion on the core themes of the Regulation.