Privacy & Information Security Law Blog

On March 5, 2020 the Cybersecurity Law Report will host a webinar with panelists, Hunton Andrews Kurth LLP partner Bridget Treacy and Refinitiv’s chief privacy officer Vivienne Artz, on the General Data Protection Regulation’s (“GDPR”) territorial scope entitled, “Gauging GDPR’s Global Reach.” This webinar will explore the global effect of the GDPR in both the digital and geographic arenas.

On February 21, 2020, the Presidency of the Council of the European Union (“EU Council Presidency”) published a revised part of the proposed Regulation concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications and Repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications), better known as “the Draft ePrivacy Regulation.”

Update: We are monitoring the COVID-19 situation and, like many of you, re-assessing our in-person gatherings and events over the next few months. As an immediate step, we have decided to postpone our London Breakfast Meeting and will circulate details of a webinar on this topic shortly. We thank you for your understanding.

On March 17, 2020, Hunton Andrews Kurth LLP will host a breakfast briefing in our London office, with guest speakers from Deloitte’s Cyber Breach Support team, to explore UK and EU cyber enforcement trends and discuss the current cybersecurity threat environment. In the face of record-breaking fines handed out by the regulators, securing networks, hardening systems, and protecting data from cyber attacks is becoming ever more critical. Understanding common cyber threats, including the attack vectors, how they work, and how they can be detected, is key to working with IT security colleagues to protect an organization from cyber attacks and respond to incidents.

On February 10, 2020, the Belgian Data Protection Authority (the “Belgian DPA”) published its Recommendation 1/2020 on data processing activities for direct marketing purposes (the “Recommendation”). With this Recommendation, the Belgian DPA aims to clarify the complex rules relating to the processing of personal data for direct marketing purposes, including by providing practical examples and guidelines to the different stakeholders involved in direct marketing activities. Direct marketing is one of the Belgian DPA’s top priorities for the next few years, as indicated in its 2019-2025 Strategic Plan.

In the final part of our Never Stop Learning podcast series, Lisa Sotto, partner and chair of Hunton Andrews Kurth’s Privacy and Cybersecurity practice, and Eric Friedberg, Co-President of Stroz Friedberg, LLC, and Aon’s Cyber Solutions Group, discuss practical solutions in preparing for a cyber incident.

On February 19, 2020, the Information Commissioner's Office (“ICO”) launched a consultation on its draft AI auditing framework guidance for organizations (“Guidance”). The Guidance is open for consultation until April 1, 2020 and responses can be submitted via the ICO’s online survey.

On February 19, 2020, the European Commission (“the Commission”) published a White Paper entitled “a European Approach to Excellence and Trust” on artificial intelligence (“AI”). This followed an announcement in November 2019, from the Commission’s current President, Ursula von der Leyen, that she intended to propose rules to regulate AI within the first 100 days of her Presidency, which commenced on December 1, 2019. This White Paper was published alongside the Commission’s data and digital strategies for Europe.

On February 19, 2020, the European Commission (the “Commission”) released a suite of documents including its White Paper on Artificial Intelligence (“AI”), entitled “a European approach to excellence and trust.” In addition, the Commission published two communications—its European strategy for data and a Digital Strategy document entitled “Shaping Europe’s Digital Future.”

On February 12, 2020, Senator Kirsten Gillibrand announced a plan to create a Data Protection Agency through her proposed legislation, the Data Protection Act of 2020. According to Senator Gillibrand, the purpose of the law is to create the new agency and bring the protection of privacy and freedom into the digital age.

In part two of our podcast by Never Stop Learning, Lisa Sotto, partner and chair of Hunton Andrews Kurth’s Privacy and Cybersecurity practice, and Eric Friedberg, Co-President of Stroz Friedberg, LLC, and Aon’s Cyber Solutions Group, discuss the fragmented nature of data security law in the U.S. and abroad. Sotto notes that the “patchwork quilt of regulation” in the U.S. regarding data security makes it difficult for companies to know what rules to implement. She stresses that the severity of cyber attacks has increased significantly over the past decade.

On February 9, 2020, amidst the ongoing coronavirus outbreak ("2019-nCoV”) in China, in order to protect personal information collected during the fight against coronavirus, such as the personal data of diagnosed patients, suspected patients and individuals who have been in close contact with diagnosed patients, the Cyberspace Administration of China released a Circular on Ensuring Effective Personal Information Protection and Utilization of Big Data to Support Joint Efforts for Epidemic Prevention and Control (the “Circular”) to emphasize the protection of relevant personal data.

On February 10, 2020, the California Attorney General issued a slightly revised version of the modified draft regulations implementing the California Consumer Privacy Act of 2018, having omitted a revision in Section 999.317(g) from the version published on February 7, 2020. The deadline to submit written comments has been extended to February 25, 2020, at 5:00 p.m. (PST).

On January 27, 2020, CISCO released its 2020 Data Privacy Benchmark Study entitled “From Privacy to Profit: Achieving Positive Returns on Privacy Investments” (the “Study”). The Study explores the return on investing in privacy compliance for organizations, examines how such return correlates with an organization’s accountability level and details the value of privacy certifications in the buying process. To measure organizations’ accountability level, CISCO used the CIPL Accountability Wheel, a privacy accountability framework developed by the Centre for Information Policy Leadership. More than 2,500 respondents took part in the Study from across 13 countries.

In a recent podcast by Never Stop Learning, Lisa Sotto, partner and chair of Hunton Andrews Kurth’s Privacy and Cybersecurity practice, and Eric Friedberg, Co-President of Stroz Friedberg, LLC, and Aon’s Cyber Solutions Group, discuss “Cybersecurity: How Concerned Should We Be?” As threats from cyber attacks continue to grow in both scope and complexity, it is imperative for companies and individuals alike to have a better understanding of cyber threats and the risks involved. We have broken down the podcast into a three-part series to help highlight the key themes.

On February 7, 2020, the California Attorney General (“AG”) issued modified draft regulations implementing the California Consumer Privacy Act of 2018 (“CCPA”). The AG has provided a redline to the initial draft regulations about which we previously reported.  According to the AG’s website, the modified draft regulations are subject to another public comment period. The deadline to submit written comments is February 24, 2020, at 5:00 p.m. (PST).

On January 30, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the Department of Telecommunications at the Brazilian Ministry of Science, Technology, Innovations and Communications (“MCTIC”) on its public consultation on creating a national Artificial Intelligence (“AI”) strategy for Brazil (the “Consultation”).

At this point, most companies doing business in California are aware of the California Consumer Privacy Act (“CCPA”), and most have been bracing for the eventual onslaught of class action litigation to follow its passage.

The Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) recently announced the publication of a report entitled “Cybersecurity and Resiliency Observations.” The report summarizes the observations gleaned from OCIE’s cybersecurity examinations of broker-dealers, investment advisers, clearing agencies, national securities exchanges and other SEC registrants.

As previously posted on our Hunton Insurance Recovery blog, a Maryland federal court awarded summary judgment to policyholder National Ink in National Ink and Stitch, LLC v. State Auto Property and Casualty Insurance Company, finding coverage for a cyber attack under a non-cyber insurance policy after the insured’s server and networked computer system were damaged as a result of a ransomware attack. This is significant because it demonstrates that insureds can obtain insurance coverage for cyber attacks even if they do not have a specific cyber insurance policy.

On February 1, 2020, the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Garante”) announced that it had levied a fine of €27,802,946 on TIM S.p.A. (“TIM”), a telecommunications company, for several unlawful marketing data processing practices. Between 2017 and 2019, the Garante received numerous complaints from individuals (including from individuals who were not existing customers of TIM) claiming that they had received unwanted marketing calls, without having provided their consent or despite having registered on an opt-out list. The Garante indicated that the violations impacted several million individuals.