Topic Archives: Privacy + Data Security

June 14, 2018 - European Union, Privacy + Data Security

Why controllers are accountable for automatic decision making under the GDPR

By: Lokke Moerel and Marijn Storm

The GDPR explicitly requires controllers to inform individuals of decisions made about them by automated or artificially intelligent algorithmic systems. The controller must inform the individual up front about the existence of the decision making activity, as well as provide information about its underlying …›

May 14, 2018 - Litigation, Privacy + Data Security

California’s GDPR? The 2018 California Consumer Privacy Act

By: Purvi G. Patel and Alexandra Eve Steinberg Laks

While companies are focusing on compliance with the EU’s General Data Protection Regulation (GDPR) requirements, Californians will likely be given the option on the November 6, 2018 ballot to impose a sweeping, GDPR-like privacy regime that also deserves attention. If approved by voters in …›

March 26, 2018 - Cloud Services + SaaS, Privacy + Data Security

CLOUD Act: New Legislation Will Overhaul U.S. Laws for Obtaining Data Stored Overseas

By: John P. Carlin, Robert S. Litt, David A. Newman, and Sophia M. Brill

May the U.S. government compel a company operating in the United States to produce data that it stores outside the country? A new law called the CLOUD Act makes clear that, in the case of legal process served under the Stored Communications Act (SCA), …›

November 17, 2017 - Privacy + Data Security, Software

The Cost of Ransomware Attacks

A form of economic extortion, ransomware attacks rose by 250% last year, and the United States was harder hit than any other country. Learn just how much this plague on the cybersecurity landscape is costing companies. Take a look at our ransomware infographic. …›

April 4, 2017 - Privacy + Data Security

Biometric Information as Personal Information In A Brave New World of Regulatory Compliance

By: Marian A. Waldmann Agarwal and Adam J. Fleisher

As computing power and technology have improved, a new way to identify individuals by their innate physical, or “biometric,” information has entered the market and appears on the cusp of becoming more widely adopted. A core question is: what biometric information needs to be …›

March 24, 2017 - Privacy + Data Security

Can Border Agents Search Your Phone?

By: Miriam H. Wugmeister, J. Alexander Lawrence, and Rhiannon Nicole Batchelder

There have been numerous reports from individuals entering the U.S. of border agents searching their phones and laptop computers. Many of those individuals are U.S. citizens. Although these events have been in the news recently and appear to be on the rise, this practice …›

March 23, 2017 - Privacy + Data Security

New York Cybersecurity Regulations: What Do They Mean, and When Do They Mean It By?

By: Nathan D. Taylor and Adam J. Fleisher

The New York State Department of Financial Services (NYDFS) has released guidance for covered financial institutions regarding its cybersecurity rule (the “Cybersecurity Rule” or “Rule”) that took effect on March 1, 2017. While the guidance appears intended to assist covered financial institutions time approaches for …›