Privacy & Information Security Law Blog

On November 30, 2016, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP issued a white paper on The One-Stop-Shop and the Lead DPA as Co-operation Mechanisms in the GDPR (the “White Paper”). The White Paper sets forth guidance and recommendations concerning the interpretation and implementation of the GDPR’s provisions relating to the One-Stop-Shop (“OSS”) and lead DPA, which will become effective on May 25, 2018.

On December 1, 2016, the nonpartisan Commission on Enhancing Cybersecurity (the “Commission”), established in February 2016 by President Obama as part of a $19 billion Cybersecurity National Action Plan, issued its Report on Securing and Growing the Digital Economy (the “Report”), which includes recommended actions that the government and private sector can take over the next 10 years to improve cybersecurity.

On November 30, 2016, the FTC released a staff summary (the “Summary”) of a public workshop called Putting Disclosures to the Test. The workshop, which was held on September 15, 2016, examined ways of testing and evaluating company disclosures regarding advertising claims and privacy practices. The Summary reviews the workshop and its key takeaways.

Recently, the U.S. District Court for the Northern District of Georgia dismissed a shareholder derivative lawsuit against Home Depot Inc. (“Home Depot”) arising over claims that Home Depot’s directors and officers (the “Defendants”) acted in bad faith and violated their duties of care and loyalty by disregarding their oversight duties in connection with a 2014 data breach. The case is In re Home Depot Inc. S’holder Derivative Litig., N.D. Ga., No. 1:15-CV-2999-TWT.

On November 19, 2016, the French government enacted a bill creating a legal basis for class actions against data controllers and processors resulting from data protection violations. The bill, which aims to facilitate access to justice for French citizens, establishes a general class action regime and includes specific provisions regarding data protection violations. These provisions go beyond the class action provisions already in place for consumers by adding, within the context of the French Data Protection Act of 1978 (“Loi Informatique et Libertés”), a right to class actions for data protection violations regardless of industry sector.

On November 22, 2016, the Department of Health and Human Services (“HHS”)  announced a $650,000 settlement with University of Massachusetts Amherst (“UMass”), resulting from alleged violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy and Security Rules. 

On November 21, 2016, against the backdrop of the EU General Data Protection Regulation (“GDPR”) and Brexit, UK Information Commissioner Elizabeth Denham delivered a keynote speech at the Annual Conference of the National Association of Data Protection and Freedom of Information Officers. During the address, Denham discussed the UK ICO’s ongoing preparations for the GDPR, reiterating the government’s position that the GDPR will be implemented in the UK. 

On November 23, 2016, Bloomberg BNA reported that the Hague Administrative Court in the Netherlands upheld a decision by the Dutch Data Protection Authority that WhatsApp was in breach of the Dutch Data Protection Act (the “Act”) on account of its alleged failure to identify a representative within the country responsible for compliance with the Act, despite the processing of personal data of Dutch WhatsApp users on Dutch smartphones. WhatsApp reportedly faces a fine of €10,000 per day up to a maximum of €1 million ...

Recently, German Chancellor Angela Merkel spoke at Germany’s 10th National IT Summit, and called for EU Member States to take a pragmatic approach to the application of EU data protection laws. Chancellor Merkel warned that a restrictive interpretation of data protection laws risks undermining the development of big data projects in the EU. Ahead of the introduction of the General Data Protection Regulation throughout the EU in May 2018, Merkel argued that, more than simply preventing the excesses of personal data use, data protection law should serve to enable emerging data ...

On November 17, 2016, the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams LLP issued a white paper on Ensuring the Effectiveness and Strategic Role of the Data Protection Officer under the General Data Protection Regulation (the “White Paper”). The White Paper sets forth guidance and recommendations concerning the interpretation and implementation of the GDPR’s provisions relating to the role of the Data Protection Officer (“DPO”).