Privacy & Information Security Law Blog

On May 28, 2019, the Cyberspace Administration of China (“CAC”) released draft Data Security Administrative Measures (the “Measures”) for public comment. The Measures, which, when finalized, will be legally binding, supplement the Cybersecurity Law of China (the “Cybersecurity Law”) that took force on June 1, 2017, with detailed and practical requirements for network operators who collect, store, transmit, process and use data within Chinese territory. The Measures likely will significantly impact network operators’ compliance programs in China.

On May 30, 2019, the Maine House and Senate passed a bill (L.D. 946) that will place restrictions on broadband Internet service providers from selling customer data without the customer’s affirmative consent. The bill will apply to providers operating within Maine in connection with the broadband Internet access services they provide to customers who are physically located and billed for service received in Maine.

On May 31, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP issued a white paper on GDPR One Year In: Practitioners Take Stock of the Benefits and Challenges (the “White Paper”). In addition, CIPL submitted the White Paper along with a separate response to the European Commission’s questionnaire to prepare for the June 2019 stocktaking exercise on the application of the EU General Data Protection Regulation (“GDPR”).

On May 24, 2019, Oregon Governor Kate Brown signed Senate Bill 684 (the “Bill”) into law. The Bill, which takes effect January 1, 2020, amends the Oregon Consumer Identity Theft Protection Act (“OCITPA”) by enhancing the breach notification requirements applicable to third-party vendors.

On June 4, 2019, Hunton hosted a webinar with partners Lisa Sotto, Aaron Simpson, Brittany Bacon and Fred Eames on the evolving U.S. privacy landscape. The past year has seen highly consequential legislative developments in U.S. privacy law affecting compliance obligations for businesses that have or use consumer data. Various states and the U.S. Congress are considering bills that could transform privacy in the United States. In this program, our speakers discuss the California Consumer Privacy Act of 2018 (“CCPA”) and other significant state and federal privacy legislation.

On June 12, 2019, Hunton Andrews Kurth and its Centre for Information Policy Leadership (“CIPL”) will host a roundtable discussion in the firm’s Brussels office on the update of the EU Standard Contractual Clauses for international data transfers. The seminar will feature Ms. Cristina Monti, Policy Officer in the International Data Flows and Protection Unit of the EU Commission DG Justice and Consumers. Participants will:

On May 28, 2019, shortly after the appointment of the new Belgian commissioner and the Director of the Litigation Chamber, the Belgian Data Protection Authority (the “Belgian DPA”) imposed its first fine since the EU General Data Protection Regulation ( “GDPR”) came into effect. The Belgian DPA fined a Belgian mayor EUR 2,000 for abusive use of personal data obtained in the context of his mayoral functions for election campaign purposes.

On May 27, 2019, the Illinois General Assembly voted 79-32 to approve Senate Bill 1624, an amendment to the Personal Information Protection Act (“PIPA”). The bill’s sponsor, Senator Suzy Glowiak (D), expects Illinois Governor J.B. Pritzker (D) to sign the bill into law in short order. The amendment had already unanimously passed the state Senate last month.

On May 28, 2019, a federal jury returned a verdict awarding $1,000 to each of the roughly 68,000 class members whose criminal history was made publicly available online. The jury found that Bucks County willfully violated Pennsylvania’s Criminal History Records Information Act (“CHRIA”) and awarded the statutory minimum to each of the class members. As a result, Bucks County could pay up to $68 million in punitive damages.

On May 29, 2019, Nevada’s governor approved SB 220 (the “Amendment Bill”), which provides amendments to an existing law that requires operators of websites and online services (“Operators”) to post a notice on their website regarding their privacy practices. The Amendment Bill will require Operators to establish a designated request address through which a consumer may submit a verified request directing the Operator not to make any “sale” of covered information collected about the consumer. Pursuant to the Amendment Bill, Operators must respond to a verified opt-out request within 60 days of receipt.