Privacy & Information Security Law Blog

On October 4, 2013, The Centre for Information Policy Leadership’s Senior Policy Advisor Fred Cate reported on the 35th International Conference of Data Protection and Privacy Commissioners which concluded on September 24 in Warsaw, Poland. The report indicates that four main issues dominated the Conference: (1) challenges presented by technologies such as mobile apps and online profiling, (2) multinational interoperability and enforcement, (3) pending EU data protection regulation and alternatives, and (4) repercussions of NSA surveillance activities.

On September 30, 2013, Hunton & Williams LLP hosted representatives from the U.S. Department of Commerce for a timely discussion of the Safe Harbor Framework, the Asia-Pacific Economic Cooperation (“APEC”) Cross-Border Privacy Rules System (“CBPRs”), and the Transatlantic Trade and Investment Partnership (“TTIP”) negotiations. The panel also addressed the development of privacy codes of conduct and privacy legislation being developed by the Department of Commerce.

On September 27, 2013, California Governor Jerry Brown signed into law a bill amending the California Online Privacy Protection Act (“CalOPPA”) to require website privacy notices to disclose how the site responds to “Do Not Track” signals, and whether third parties may collect personal information when a consumer uses the site. Although the changes to the law do not prohibit online behavioral advertising, this is the first law in the United States to impose disclosure requirements on website operators that track consumers’ online behavior.

On September 24, 2013, the Singapore Personal Data Protection Commission (the “Commission”) published guidelines to facilitate implementation of the Singapore Personal Data Protection Act (the “PDPA”). The Advisory Guidelines on Key Concepts in the Personal Data Protection Act and the Advisory Guidelines on the Personal Data Protection Act for Selected Topics provide explanations of concepts underlying the data protection principles in the PDPA, and offer guidance on how the Commission may interpret and apply the PDPA with respect to certain issues (e.g., anonymization, employment, national identification numbers). The guidelines are advisory only; they are not legally binding.

On September 25, 2013, Senator Jay Rockefeller (D-WV), Chair of the Senate Committee on Commerce, Science and Transportation, expanded his investigation of the data broker industry by asking twelve popular health and personal finance websites to answer questions about their data collection and sharing practices.

On September 23 and 24, 2013, a declaration and eight resolutions were adopted by the closed session of the 35th International Conference of Data Protection and Privacy Commissioners and have been published on the conference website. This blog post provides an overview of the declaration and the most significant resolutions.

On September 26, 2013, the UK Information Commissioner’s Office (“ICO”) published new breach notification guidance (the “Guidance”), applicable to telecom operators, Internet service providers (“ISPs”) and other public electronic communications service (“ECS”) providers.

On September 23, 2013, California Governor Jerry Brown signed a bill that adds “Privacy Rights for California Minors in the Digital World” to the California Online Privacy Protection Act (“CalOPPA”). The new CalOPPA provisions prohibit online marketing or advertising certain products to anyone under age 18, and require website operators to honor requests made by minors who are registered users to remove content the minor posted on the site. In addition, operators must provide notice and instructions to minors explaining their rights regarding the removal of content they’ve posted.

Recent months have seen a significant increase in highly-publicized cyber attacks and cybersecurity incidents, including an August 2013 attack on The New York Times’ website that shut down the site twice in two weeks. Unsurprisingly, there also has been an upswing in the demand for, and underwriting of, cyber insurance. In a recent Law360 article, Takeaways from Recent Cyberattack on New York Times, Hunton & Williams Insurance Litigation & Counseling partner Lon Berk considers whether a hypothetical cyber insurance policy would have covered such a loss.

Today, September 23, 2013, marks the deadline for compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Omnibus Rule that was issued in January 2013. Covered entities, business associates and subcontractors that access, use or disclose protected health information (“PHI”) will need to take the following actions: