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Cybersecurity laws, Privacy and compliance

  • Guest Bill Tolson, Vice President of eDiscovery at Archive360 joins Dave to discuss compliance fatigue, Ben’s story covers a settlement between the ACLU and Clearview AI, and Dave discusses some tech giants rallying behind a proposed New York Privacy bill.

    While this show covers legal topics, and Ben is a lawyer, the views expressed do not constitute legal advice. For official legal advice on any of the topics we cover, please contact your attorney. 

    Links to stories:

    Clearview AI settles suit and agrees to limit sales of facial recognition database.

    Google, Microsoft and Yahoo back New York ban on controversial search warrants

    Got a question you’d like us to answer on our show? You can send your audio file to caveat@thecyberwire.com or simply leave us a message at (410) 618-3720. Hope to hear from you. 

  • Legal

    Connecticut Enacts Consumer Privacy Law

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    On May 10, 2022, Connecticut Governor Ned Lamont signed An Act Concerning Personal Data Privacy and Online Monitoring, after the law was previously passed by the Connecticut General Assembly in April. Connecticut is now the fifth state to enact a consumer privacy law.

    Upon taking effect on July 1, 2023, the law, also known as the Connecticut Data Privacy Act (“CTDPA”), will apply to individuals and entities that (1) conduct business in Connecticut, or produce products or services that are targeted to Connecticut residents; and (2) during the preceding calendar year, either (a) controlled or processed the personal data of at least 100,000 consumers (excluding for the purpose of completing a payment transaction), or (b) controlled or processed the personal data of at least 25,000 consumers and derived more than 25% of their gross revenue from the sale of personal data. The CTDPA exempts certain entities, including, for example, state and local government entities, nonprofits, higher education institutions, financial institutions subject to the Gramm-Leach-Bliley Act (“GLB”), and qualifying covered entities and business associates subject to the Health Insurance Portability and Accountability Act (“HIPAA”).

    The CTDPA’s protections apply only to Connecticut residents acting in an individual capacity (i.e., “consumers”), and do not apply to individuals acting in an employment or commercial (B2B) context. Under the CTDPA, consumers will have the right to:

    confirm whether or not a controller is processing the consumer’s personal data and access such personal data;

    correct inaccuracies in the consumer’s personal data;

    delete personal data provided by, or obtained about, the consumer;

    obtain a copy of the consumer’s personal data processed by a controller, in a portable and, to the extent technically feasible, readily usable format; and

    opt out of the processing of their personal data for purposes of (1) targeted advertising, (2) the sale of personal data, or (3) profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.

    Among other obligations, controllers will be required to:

    limit the collection of personal data to “what is adequate, relevant and reasonably necessary” to the purposes for processing, as disclosed to the consumer;

    process personal data only for purposes that are reasonably necessary to and compatible with the purposes for processing, as disclosed to the consumer (unless the controller obtains the consumer’s consent);

    establish, implement and maintain reasonable administrative, technical and physical data security practices;

    not process sensitive data concerning a consumer without obtaining the consumer’s consent;

    not process personal data in violation of federal and state antidiscrimination laws;

    provide an effective mechanism for a consumer to revoke consent and cease processing the data within 15 days of receiving a revocation request; and

    not process personal data of a consumer for purposes of targeted advertising, or sell the consumer’s personal data without the consumer’s consent, where a controller has actual knowledge and willfully disregards that a consumer is 13-15 years old.

    The CTDPA shares many similarities with the California Consumer Privacy Act (“CPRA”), Colorado Privacy Act (“CPA”), Virginia Consumer Data Protection Act (“VCDPA”) and Utah Consumer Privacy Act (“UCPA”). It incorporates the CPA’s and CPRA’s broad definition of “sale,” which includes exchanges of personal data for monetary or “other valuable consideration.” Beginning January 1, 2025, the CTDPA also will follow the CPA’s example in requiring controllers to recognize opt-out preference signals sent via a universal opt-out mechanism. The CTDPA aligns with the CPRA in not requiring the authentication of opt-out requests. Like the CPA and CPRA, the CTDPA prohibits the use of dark patterns to obtain consent.

    In line with the CPA and VCDPA, the CTDPA requires controllers to obtain parental consent for the collection of personal data from a known child (i.e., children under 13 years old). The CTDPA also joins the CPRA, VCDPA and CPA in requiring controllers to conduct data protection assessments prior to engaging in data processing activities that present a heightened risk of harm to consumers. Although the CTDPA will initially provide controllers a right to cure violations, the right to cure will end on December 31, 2024. As with most of the existing U.S. state privacy laws, the CTDPA does not provide for a private right of action. The law will be enforced by the Connecticut Attorney General.

  • Legal

    Colleen Brown Welcomes New Partner Sean Royall

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    Sean Royall, new Sidley partner and co-leader of the firm’s global Antitrust and Consumer Protection practice, sits down with Colleen Brown to discuss the convergence in antitrust and consumer protection law. They cover the U.S. Federal Trade Commission’s (FTC) promotion of a more inter-disciplinary approach of looking at data issues, the practical effects that the closer coordination of the FTC’s antitrust and consumer protection branches would have on clients, and what law firms can be doing in response to the increasingly interrelated areas of antitrust and privacy.

    The post Colleen Brown Welcomes New Partner Sean Royall appeared first on Data Matters Privacy Blog.

  • Legal

    UK Announces Data Reform Bill

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    On May 10, 2022, as part of the Queen’s Speech, the UK government announced its intention to introduce a Data Reform Bill (the “Bill”). The UK government’s background and briefing notes to the Queen’s Speech state that the purpose of the Bill is to “take advantage of the benefits of Brexit to create a world class data rights regime…that reduces burdens on businesses, boosts the economy, helps scientists to innovate and improves the lives of people in the UK.”

    The Bill will seek to modernize the UK Information Commissioner’s Office (“ICO”), providing it with the power to take “stronger action” against businesses that breach data rules, while also requiring the ICO to be accountable to Parliament and the public. The background and briefing notes further state that the Bill will focus on a flexible, “outcomes-focused” approach rather than “box-ticking,” and will simplify the rules relating to the use of personal data for research purposes, to promote the UK as a science and technology “superpower.”

    The UK government also referred to the UK General Data Protection Regulation (“GDPR”) (inherited as a result of the UK’s former membership in the European Union) and the Data Protection Act of 2018 as “highly complex and prescriptive” legislation that imposes excessive administrative burdens on business while providing little benefit to citizens. The UK will nonetheless seek renewal of the European Commission’s adequacy decision with respect to the UK upon its automatic expiry in 2025, which is required for personal data to continue to flow uninhibited between the EU and the UK. Any change in the UK’s data protection regime that would lower the standard of data protection in the UK may, however, put at risk the UK’s status as an adequate destination for personal data under the EU GDPR.

  • Antitrust and consumer protection law—long separate provinces, even within a dual-mission government enforcement agency like the FTC that covers both fields—at last seem to be converging, as reflected in recent government enforcement activity, statements by the FTC’s leadership, and novel private litigation theories. Sean Royall, who co-leads Sidley’s Antitrust and Consumer Protection practice and is a former Deputy Director of the FTC’s Bureau of Competition, recently called attention to this trend in an article published in Corporate Counsel magazine. As privacy and data-related issues begin to surface more directly in antitrust investigations and litigation, he explains, lawyers with significant depth in both areas of law are uniquely well positioned to guide clients through these novel and largely uncharted waters.

    View article.

    The post Antitrust and Consumer Protection at Last Converge appeared first on Data Matters Privacy Blog.

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