Privacy & Information Security Law Blog

On July 3, 2023, U.S. Secretary of Commerce Gina Raimondo issued a statement confirming that the U.S. has fulfilled its commitments for implementing the EU-U.S. Data Privacy Framework (the “Framework”). In the statement, it was confirmed that the EU, Iceland, Liechtenstein and Norway, have been designated as “qualifying states” for purposes of implementing the redress mechanism established under Executive Order 14086, such designation to be become effective upon the adoption of an adequacy decision by the EU for the Framework. Further, according to the statement, the Office of the Director of National Intelligence has confirmed that the U.S. Intelligence Community has adopted its policies and procedures pursuant to Executive Order 14086.

On June 27, 2023, the Council and the European Parliament reached a Political Agreement (“Political Agreement”) on the Proposal for a Regulation on harmonized rules on fair access to and use of data (the “Data Act”). The Data Act aims to “ensure fairness in the digital environment, stimulate a competitive data market, open opportunities for data-driven innovation and make data more accessible for all” and was initially proposed by the European Commission on February 23, 2022.

On June 26, 2023, the Centre for Information Policy Leadership (CIPL) published the third edition of its Frequently Asked Questions on Cross-Border Privacy Rules, Privacy Recognition for Processors, and Global CBPR and PRP (FAQs).

On June 29, 2023, the Superior Court of California for the County of Sacramento issued a Tentative Ruling providing for a postponement of enforcement of final CPRA regulations for 12 months after the regulations were finalized (i.e., March 29, 2024). Tentative Rulings are posted by a court the day before a writ or motion is noticed for a hearing and state how the court intends to rule on the motion based on the papers filed by the parties. The ruling may change based on oral argument.  The hearing on the Petition for Writ of Mandate for the CPRA regulations was noticed for June 30, 2023 at ...

On June 28, 2023, Louisiana Governor John Bel Edwards signed into law H.B. 61, which requires interactive computer services to get parental consent (or consent from a legal representative of a minor) to enter into a contract or other agreement, including the creation of an online account, with minors younger than 18 years of age. The Act comes after similar laws enacted in Texas, Utah and Arkansas. H.B. 61 will take effect on August 1, 2024. 

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.