At the Privacy and Civil Liberties Oversight Board hearing yesterday in Washington, D.C., Hogan Lovells partner and privacy practice lead Christopher Wolf spoke on the issue of privacy and government surveillance and provided a transnational perspective on legal regimes that regulate government access to data. In 2012 and 2013, Hogan Lovells published four White Papers (available here, here, here, and here) on government access to data in the cloud. The findings of the national security access White Paper, A Sober Look at National Security Access to Data in the Cloud, were a focal point of yesterday’s discussion.
The Hogan Lovells Privacy Team looks forward to seeing many of you this week at the International Association of Privacy Professionals (IAPP) Global Privacy Summit in Washington, D.C. We are delighted to once again participate in the Summit as a gold level sponsor and hope you will visit us at Booth 7 in the Exhibition Hall to learn more about our Global Privacy and Information Management Practice. Hogan Lovells attorneys will also be featured at a number of breakout sessions.
The Hogan Lovells privacy team wishes you a happy Data Privacy Day! This post contains five tips to help protect your privacy in everyday situations.
The Evolving Legal Framework Regulating Commercial Data Security Standards, an article by Hogan Lovells associate Bret Cohen, was featured in the January/February 2014 cybersecurity law issue of the Maryland Bar Journal. The article covers the sources of regulation and potential legal liability in the U.S. for businesses who experience data security breaches, including general consumer protection laws, state data security laws, federal sectoral laws, and consumer class action litigation.
On February 6, 2014, members of Hogan Lovells’ Telephone Consumer Privacy Act Practice will host a webinar on recent TCPA developments and key compliance challenges for 2014. Among the topics that will be covered are how the Federal Communications Commission will apply the new “prior express written consent” requirements; what constitutes an “automatic telephone dialing system”; and whether and how the TCPA applies to mobile offerings and other new technologies and services.
With the new year fast approaching, the Federal Trade Commission and the National Telecommunications & Information Administration, a bureau within the Department of Commerce, recently announced a number of privacy initiatives for 2014 that will break new ground for both agencies and will impact a wide array of industries.
On 20 November 2013, Hogan Lovells hosted a cybersecurity seminar at its London offices, gathering a panel of experts in the field to discuss a subject that has become a growing concern for businesses worldwide. The seminar sought to address the cyber risks currently facing businesses, what businesses should do if a cyber attack occurs, the legal issues a business should consider when responding to a cyber attack, and the options for protecting your business with cyber risk and data protection insurance.
Earlier this week, The New York Times published “Europe Aims to Regulate the Cloud,” an article considering the impact on cloud computing of the proposed European Data Protection Regulation which quoted Hogan Lovells Partner Mark Taylor. Taylor commented that over-regulation in this area could impact the adoption and use of cloud services in the EU, and this in turn could have a broader economic impact given the level of penetration which cloud-related services are now achieving. This blog post contains a link to the article.
On Wednesday, Harriet Pearson, a partner in Hogan Lovells’ Privacy and Information Management Practice, appeared on the Cyberlaw and Business Report Internet radio show to discuss newly enacted California privacy laws. This blog post contains a link to the interview and a downloadable podcast.
On September 30, 2013 (11:45am – 5:00pm EDT), the US Health Information Technology Policy Committee’s Privacy and Security “Tiger Team” will convene an online public hearing to discuss how to improve transparency for patients about the uses and disclosures of their identifiable, electronic health information. This may result in recommendations from the Policy Committee to HHS, which is considering how to implement HIPAA requirements relating to an individual’s right to an “accounting” of disclosures of their protected health information made through an electronic health record.
Hogan Lovells is pleased to announce that we are among the first major law firms to launch implementation of Binding Corporate Rules (“BCRs”) for the worldwide protection by the firm of personal information. The implementation of these rules will not only add a level of protection and efficiency to privacy and data protection, but also provides a concrete example of Hogan Lovells’ experience with BCRs, relevant to clients of the firm also adopting BCRs.
With the focus this summer on nation-states’ collection of electronic data, an important question went unanswered – what rights do individuals have to challenge government access to their data? We set out to answer that question in the fourth installment in Hogan Lovells’ White Paper series examining government access to data held by service providers. In the White Paper, available through this blog post, we compared the ability of citizens and non-citizens to challenge government access to data in the U.S., France, Germany, the UK, and Australia, concluding that of the countries surveyed, the right of redress appears strongest in the United States.
The US privacy framework is under attack from officials in the EU following revelations about NSA surveillance. Yesterday, US Department of Commerce General Counsel Cameron Kerry delivered his valedictory address before his departure from his position next week, and focused both on the progress made by the Obama Administration in privacy and offered the strongest [...]
Hogan Lovells today published the next installment in a series of White Papers examining government access to data held by service providers. Today’s publication, An Analysis of Service Provider Transparency Reports on Government Requests for Data, examines the most recent transparency reports published by Google, Microsoft, Skype, Twitter, and LinkedIn concerning law enforcement requests for data in multiple countries, concluding that when the numbers are adjusted for population sizes and the number of Internet users in each respective country, they reveal that the U.S. government requests information from these providers at a rate comparable to — and sometimes lower than — that of several other countries, including many European Union member states.
The American Bar Association (ABA) Journal publishes an annual list of the 100 best legal blogs, The Blawg 100 Hall of Fame, and seeks input from readers like you on what blogs should be included on that Honor Roll. If you like the Hogan Lovells Chronicle of Data Protection, www.hldataprotection.com, and like it enough to support our [...]
Earlier today, in a brisk memo (reproduced in its entirety below), EU Vice President Viviane Reding called EU data protection reform “the answer to PRISM” and called PRISM a “wake-up call.” She itemized the need for broad jurisdiction and enforcement, and stated that governments collecting data on EU citizens outside their territory never should obtain it directly from [...]
Hogan Lovells Privacy and Information Management Director Chris Wolf will moderate a free IAPP teleconference this Thursday, June 20, at 4 PM EDT on “The Implications of the NSA Leaks for Privacy Professionals.”
Chambers USA and Legal 500 US recently released their 2013 rankings, and we are pleased to announce that Hogan Lovells’ Privacy and Information Management practice received the recognition of Band 1 by Chambers USA and Tier 1 by Legal 500 US. Also, both of its practice leaders, Marcy Wilder and Chris Wolf, have been selected for top rankings among privacy law practitioners by Chambers and “Leading Lawyers” by Legal 500.
A meeting in London to discuss the contours of a use-based model as an approach to data protection is occurring today. Approximately thirty regulators, industry officials, advocates, and academics are participating, including Hogan Lovells partner Chris Wolf. The meeting is being hosted by the Privacy Projects and is being moderated by Viktor Mayer-Schönberger, Professor of Internet Governance and [...]
Hogan Lovells has published a White Paper demonstrating that, contrary to recent reports, the limitations applied to U.S. law enforcement access to data stored in the Cloud during national security and foreign intelligence investigation surpass in many cases restrictions applied during similar investigations in other countries. “A Sober Look at National Security Access to Data in the Cloud,” written by Christopher Wolf and Winston Maxwell, lawyers in Hogan Lovells’ Privacy and Information Management Practice based out of the Washington D.C. and Paris offices, was released today at a panel of the authors which was presented by the OpenForum Academy in Brussels. The authors also will discuss the paper tomorrow in Paris at a roundtable discussion comparing U.S. and French government access to data in the cloud presented by the American Chamber of Commerce in France.
On April 25, Hogan Lovells partner Harriet Pearson testified before the US House of Representatives on the relationship between cybersecurity and privacy in business. The Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies of the House Committee on Homeland Security held a hearing on “Striking the Right Balance: Protecting our Nation’s Critical Infrastructure from Cyber Attack and Ensuring Privacy and Civil Liberties” to examine existing privacy protections and learn more about potential improvements. Pearson first outlined several cybersecurity-related measures that may require access to personal information, and thus potentially implicate privacy concerns. Pearson then offered her views on steps business and government can take to incorporate respect for privacy into enhanced cybersecurity.
With cybersecurity now ranked as the top concern for general counsel and corporate board members, and with the regulatory and legislative landscape so active (e.g., the House’s passage of CISPA and the President’s Executive Order), Hogan Lovells is proud to be a sponsor of the inaugural Cybersecurity Law Institute, to be held at the Georgetown University Law Center in Washington, DC, on May 22–23, 2013.
Anonymity can provide internet users with benefits but can also facilitate the publishing of hurtful or hateful comments online, reports Hogan Lovells privacy leader Chris Wolf in a recent post on the blog of the International Association of Privacy Professionals, Privacy Perspectives. The post discusses Chris’ new book investigating online hate speech, Viral Hate: Containing its Spread on the Internet, with a focus on the tension between online anonymity and the prevention of hate speech.
Hogan Lovells today announced the formation of the Coalition for Privacy and Free Trade. The formation of the new coalition follows the announcement by President Obama that the United States and the European Union soon will commence negotiations for a Transatlantic Free Trade Agreement (formally, the Transatlantic Trade and Investment Partnership (TTIP)), and Japan’s announcement of its [...]