Privacy & Information Security Law Blog

On June 2 and June 5, 2023, the Connecticut and Nevada state legislatures, respectively, voted in favor of sending legislation to their governors for signature that would impose restrictions, among others, on the processing of consumer health data, including geofencing provisions.  Nevada S.B. 370 was signed by Nevada Governor Joe Lombardo on June 16, 2023. These bills contain provisions similar to Washington’s My Health My Data Act and expand on protections in the Health Insurance Portability and Accountability Act of 1996 and other privacy laws.

Hunton Andrews Kurth LLP is pleased to announce that Chambers & Partners ranked Hunton’s Privacy and Cybersecurity practice in Band 1 in the recently released 2023 Chambers USA guide. The firm has been recognized by Chambers among the “elite” firms for privacy and data security for several years. As noted to Chambers by clients, the team “truly has one of the best privacy practices in the world. They’re practical and take the time to understand the client's business and objectives.” In addition, partners Lisa Sotto, Aaron Simpson and Brittany Bacon were recognized in the guide.

On June 13, 2023, Texas Governor Greg Abbott signed H.B. 18, or the Securing Children Online through Parental Empowerment (“SCOPE”) Act that would impose obligations on digital service providers to protect minors.

On June 13, 2023, Texas Governor Greg Abbott signed H.B. 18, or the Securing Children Online through Parental Empowerment (“SCOPE”) Act that would require digital service providers to get parental consent to create an account with minors younger than 18 years of age.  

On June 12, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the U.S. National Telecommunications and Information Administration’s (“NTIA’s”) Request for Comments (“RFC”) on Artificial Intelligence (“AI”) Accountability. The NTIA’s RFC solicited comments on AI accountability measures and policies that can demonstrate trustworthiness of AI systems.

On June 15, 2023, the UK Information Commissioner’s Office (“ICO”) called for businesses to address the privacy risks posed by generative artificial intelligence (“AI”) before “rushing to adopt the technology.” Stephen Almond, the ICO’s Executive Director of Regulatory Risk, said:  “Businesses are right to see the opportunity that generative AI offers . . . . But they must not be blind to the privacy risks.” An organization wishing to use AI should seek to understand at the outset how AI will use personal data, and mitigate any known risks. The ICO stated it is ...

On June 14, 2023, the European Parliament (“EP”) approved its negotiating mandate (the “EP’s Position”) regarding the EU’s Proposal for a Regulation laying down harmonized rules on Artificial Intelligence (the “AI Act”). The vote in the EP means that EU institutions may now begin trilogue negotiations (the Council approved its negotiating mandate on December 2022). The final version of the AI Act is expected before the end of 2023.

On June 6, 2023, the Federal Deposit Insurance Corporation (“FDIC”), the Board of Governors of the Federal Reserve System (“FRB”) and the Office of the Comptroller of the Currency (“OCC”) issued their final Interagency Guidance on Third-Party Relationships (“Guidance”). The Guidance provides principles that banking organizations should consider when developing and implementing risk management practices for all stages in the life cycle of third-party relationships.

On June 7, 2023, the European Data Protection Board (“EDPB”) adopted the final version of its Guidelines on the calculation of administrative fines under the GDPR (the “Guidelines”). Through the Guidelines, the EDPB intends to harmonize the methodology used by supervisory authorities (“SA”) to calculate fines.

On June 8, 2023, the United Kingdom and the United States announced they reached a commitment in principle to establish the UK Extension to the Data Privacy Framework, which will create a “data bridge” between the two countries. U.S. companies approved to join the framework would be able to receive UK personal data under the new data bridge.