EU Data Protection Laws Are Not Fit For Purpose: They Undermine the Very Autonomy of the Individuals They Set Out to Protect
- The European Union is supposed to have the strongest data protection laws in the world. So why do privacy violations continue to make the headlines? I believe that the lack of material privacy compliance is not due to lack of enforcement, but is due... ›
Law Enforcement COVID-19 Guidance: Cybercrime, Scam, and Fraud Trends
As in-house counsel, compliance, and security teams worldwide are adjusting to life amid the global pandemic, so too are criminal and nation-state cyber actors. These actors are now leveraging the pandemic, public fear, and an expanded remote-work attack surface to conduct hacking campaigns. The... ›HHS Suspends Penalties to Encourage Sharing of COVID-19 Data by Business Associates
On April 2, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced that, effective immediately, it will be halting enforcement of certain HIPAA provisions in order to enable state and federal public health authorities and emergency operations... ›California Attorney General Issues 2nd Set of Modified Draft CCPA Regulations
By: Mary Race and Marian A. Waldmann Agarwal
On Wednesday, March 11, 2020, the California Attorney General’s office published a 2nd set of modifications to the draft regulations under the California Consumer Privacy Act (“CCPA”). These still are not the Attorney General’s final CCPA regulations but rather further modified draft regulations that... ›Cybersecurity Tips in the Age of Remote-Work Arrangements
By: Miriam H. Wugmeister
As recent reporting highlights, cybercriminals and nation-state actors are already seizing on this moment of panic and misinformation to use traditional hacking methods to steal data — from using interactive maps with Coronavirus infection statistics to plant malware on devices to phishing scams where... ›Amendment To New York Telemarketing Law Bans Some Sales Calls to Coronavirus (COVID-19) Affected Areas
A late-2019 amendment to New York’s telemarketing law, AB 117, prohibits telemarketers from knowingly making certain kinds of prerecorded sales calls to consumers who are located in a county, city, town, or village that is under a state of emergency or disaster emergency. The... ›Fake News & Paid Reviews: FTC Seeks Comments on its Endorsement Guides
By: Julie O'Neill
The Federal Trade Commission (FTC) appears to be using its ongoing review of current rules and guides to revisit its approach to driving home the message that the relationship between a social media “influencer” and the brand he or she is endorsing must be disclosed. As... ›California Attorney General Issues Modified CCPA Draft Regulations
By: Mary Race
On Friday, February 7, the California Attorney General’s office published a modified set of draft regulations under the California Consumer Privacy Act (“CCPA”). These are not the Attorney General’s final CCPA regulations but rather are a modified set of draft regulations that are subject... ›Not with a Bang but a Whimper: As the UK Bows Out of the EU, What's Next for UK Data Protection?
By: Annabel Gillham
It all happened quite quietly in the end. The legislation that governs the UK’s exit from the EU became law and the UK left the EU at 11 p.m. UK time/midnight CET on January 31, 2020. Read our client alert.... ›Why the Three Lines of Defense Model for Risk Management is Not Fit for Digital Innovation
By: Lokke Moerel
Morrison & Foerster senior counsel Lokke Moerel authored an op-ed for IAPP’s Privacy Perspectives that discusses why risk management best practice is not fit for digital innovation. Lokke argues that innovation requires a culture of openness and transparency where joint decisions about the design... ›