Privacy & Information Security Law Blog

On November 2, 2011, following welcome comments by Federal Institute for Access to Information and Data Protection (“IFAI”) Commissioner Jacqueline Peschard, the 33rd International Conference of Data Protection and Privacy Commissioners opened in Mexico City with an examination of the phenomenon of “Big Data” as a definer of a new economic era. In a wide-ranging presentation, Kenneth Neil Cukier of the Economist drew into clear relief the possibilities and problems associated with combining vast stores of data and powerful analytics. He highlighted the growing ability to correlate seemingly unrelated data sets to predict behavior, reveal trends, enhance product performance and safety and derive meaning. In his remarks Cukier noted that, in an era of Big Data, much of the decision-making about data collection and use goes beyond traditional notions of privacy, touching on ethics and free will. Noting that the printing press led to the development of free speech laws, he left open the question of how Big Data may change the legal landscape.

Hunton & Williams LLP is pleased to congratulate Aaron P. Simpson for his inclusion in Super Lawyers New York Rising Stars 2011. His practice focuses on complex privacy and data security matters, including assisting clients with the remediation of large-scale data security incidents and compliance with federal, state and international privacy and data security requirements. In addition, for the sixth consecutive year, Lisa J. Sotto, head of the Global Privacy and Data Security practice at Hunton & Williams, was selected as a New York Super Lawyer ...

On November 1, 2011, the Centre for Information Policy Leadership released a discussion document entitled “Implementing Accountability in the Marketplace,” at the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City. The document reflects the collaborative effort of experts from Canada, Europe and the United States, and provides a comprehensive summary of the third year of the Centre’s work with the Accountability Project. It examines the requirements and benefits of accountability when it is applied across the marketplace, and ...

On November 2-3, 2011, Mexico’s Federal Institute for Access to Information and Data Protection (“IFAI”) will host the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City. Marty Abrams, President of the Centre for Information Policy Leadership at Hunton & Williams LLP, is the chairman of the Conference’s advisory panel and principal advisor to Conference organizers on program content. Hunton & Williams is a proud sponsor of the event which will feature Hunton representatives as speakers or moderators on multiple panels and plenary sessions, including the following:

Members of Parliament on the House of Commons Justice Select Committee have called for courts in the United Kingdom to be given greater powers to imprison and fine individuals who breach the Data Protection Act (“DPA”). The Committee stated in its October 18, 2011 report that the current penalties for unlawfully obtaining personal data (under Section 55 of the DPA) are an inadequate deterrent, and urged the government to exercise its power to introduce prison sentences without delay. Although currently a magistrates’ court can issue fines of up to £5,000 for breaches of Section 55 (and the Crown Court can impose unlimited fines), in practice, penalties often are limited to only a few hundred pounds.

On October 24, 2011, Israel’s Data Protection Authority, the Israeli Law, Information and Technology Authority in the Israeli Ministry of Justice (“ILITA”), announced significant developments in an information theft case affecting more than nine million Israeli citizens. In 2006, a contract worker hired by Israel’s Ministry of Welfare and Social Services downloaded a copy of Israel’s population registry to his home computer. The registry later fell into the hands of a software developer and a hacker before being disseminated on the Internet along with a program that allowed users to run searches and queries on the data. The stolen personal information included full names, identification numbers, addresses, dates of birth, dates of immigration to Israel, family status, names of siblings and other information.

As reported in the Hunton Employment & Labor Perspectives Blog:

California Governor Jerry Brown recently signed into law Senate Bill No. 559 (SB 559), which prohibits discrimination based on an individual’s genetic information. While SB 559 significantly expands the protections from genetic discrimination provided under the federal Genetic Information Nondiscrimination Act of 2008 (GINA), at this time, its impact on most California employers is thought to be limited to the potential for greater damages to be awarded under it than under its federal counterpart.

As reported in the Hunton Employment & Labor Perspectives Blog, on October 10, 2011, California became the seventh state to enact legislation restricting public and private employers alike from using consumer credit reports in making hiring and other personnel decisions. Assembly Bill No. 22 both adds a new provision to the California Labor Code -- Section 1024.5 -- and amends California’s Consumer Credit Reporting Agencies Act (“CCRAA”). Effective January 1, 2012, California employers will be prohibited from requesting a consumer credit report for employment purposes unless they meet one of the limited statutory exceptions, and those employers meeting an exception, will be subjected to increased disclosure requirements. Connecticut, Illinois, Hawaii, Oregon, Maryland and Washington already have similar laws on the books, and many other states, as well as the federal government, are contemplating similar legislation. This trend creates a potential “credit-centric” minefield for employers that do business in any one or more of these states. In light of the multiple laws affecting their use, employers who utilize consumer credit reports in making personnel decisions should proceed cautiously. Employers must evaluate the need for these reports in making personnel decisions, review and modify their policies to ensure compliance with the myriad of regulations in this area, and monitor any new developments to ensure continued compliance.

On October 20, 2011, Mexico’s Ministry of Economy made public an update to its proposed Regulations to the Federal Law for the Protection of Personal Data Held by Private Parties. The new draft regulations, which contain changes made in light of public comments on the prior version, will take effect if they receive final executive approval, which may happen later this year. The updates to the draft regulations include:

• Rules specific to cloud computing
• Clarification of notice requirements
• Clarification of consent requirements
• Exemptions for certain business contact ...

On October 13, 2011, the Securities and Exchange Commission Division of Corporation Finance issued disclosure guidance (“Guidance”) regarding cybersecurity matters and cyber incidents. While the Guidance does not change existing disclosure requirements, it does add specificity to existing requirements. In some respects, that specificity is helpful, but the Guidance fails to take into account the uncertainty that inevitably accompanies efforts to assess and disclose cybersecurity matters and incidents.

Read a detailed summary of the Guidance and analysis regarding ...