Privacy & Information Security Law Blog

On June 24, 2015, DataGuidance will host a complimentary webinar on Brazil: Towards Privacy Compliance. The panel of speakers includes Bojana Bellamy, President of the Centre for Information Policy Leadership (“CIPL”) at Hunton & Williams; Esther Nunes, Partner of Pinheiro Neto Advogados; and Renato Leite Monteiro of Opice Blum, Bruno, Abrusio & Vainzof Advogados Associados. The speakers will discuss the Draft Bill for the Protection of Personal Data (Anteprojeto de Lei para a Proteção de Dados Pessoais) that was issued in January 2015. Concepts and provisions in the ...

On May 19, 2015, China’s Ministry of Industry and Information Technology promulgated its Provisions on the Administration of Short Messaging Services (the “Provisions”), which will take effect on June 30, 2015.

On June 9, 2015, Max Schrems tweeted that the Advocate General of the European Court of Justice (“ECJ”) will delay his opinion in Europe v. Facebook, a case challenging the U.S.-EU Safe Harbor Framework. The opinion was previously scheduled to be issued on June 24. No new date has been set.

Hunton & Williams LLP’s Global Privacy and Cybersecurity practice group has written a portfolio for Bloomberg BNA on information security and data breach issues in the United States and globally. Cybersecurity and Data Breach offers a broad overview of relevant legal requirements in the United States, European Union and select countries around the world. The portfolio includes practical guidance and advice on managing a data security breach, from managing an investigation and conducting remediation to providing notification to affected individuals, regulators, consumer reporting agencies, employees, boards of directors and the public. It also provides details on proactive cyber readiness activities such as preparing an Incident Response Plan, conducting tabletop exercises, and developing a vendor and employee management program. Cybersecurity and Data Breach is available at Bloomberg BNA’s Privacy & Data Security Law Resource Center and also at Bloomberg Law.

On May 22, 2015, the Article 29 Working Party published an update to its explanatory document regarding the use of Binding Corporate Rules (“BCRs”) by data processors (“WP204”). The original explanatory document was published on April 19, 2013 and identified two scenarios in which a non-EU processor, processing personal data received under BCRs, should notify the controller and the relevant data protection authorities (“DPAs”) in the event of a legally binding request for the personal data.

On May 13, 2015, Nevada Governor Brian Sandoval (R-NV) signed into law A.B. 179 (the “Bill”), which expands the definition of “personal information” in the state’s data security law. The law takes effect on July 1, 2015. Under the Bill, personal information now includes:

On May 29, 2015, Article 29 Working Party Chairwoman Isabelle Falque-Pierrotin sent a letter to APEC Data Privacy Subgroup (“DPS”) Chair Danièle Chatelois, expressing the Working Party’s continued support for the collaboration between the two groups.

On June 2, 2015, the National Institute of Standards and Technology (“NIST”) issued a press release on its recently published draft report, entitled Privacy Risk Management Framework for Federal Information Systems (the “Report”). The Report describes a privacy risk management framework (“PRMF”) for federal information systems designed to promote “a greater understanding of privacy impacts and the capability to address them in federal information systems through risk management.” The draft PRMF includes a Privacy Risk Assessment Methodology (“PRAM”) consisting of several worksheets for assessing the privacy impact of data actions.

On June 1, 2015, the Group of the European People’s Party in the European Parliament released an updated timetable for agreeing on the proposed EU General Data Protection Regulation (the “Regulation”). The European Commission, European Parliament and the Council of the European Union will soon enter multilateral negotiations, known as the “trilogue,” to agree on the final text of the proposed Regulation.

On May 28, 2015, the German government adopted a draft law that would require telecommunications and Internet service providers to retain Internet and telephone usage data. The initiative comes more than a year after the European Court of Justice declared the EU Data Retention Directive invalid, which had been implemented previously by German law. The German law implementing the EU Data Protection Directive had been declared unconstitutional by the German Federal Constitutional Court five years ago.