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HL Chronicle of Data Protection

Privacy & Information Security News & Trends

Posted in Cybersecurity & Data Breaches, Privacy & Security Litigation

CPR Appoints New Cyber Panel Ahead of Anticipated Increase in Data Security Disputes

The International Institute for Conflict Prevention and Resolution, a New York-based organisation offering Alternative Dispute Resolution (ADR) services, has recently announced the launch of a new specialised panel of neutrals, commissioned to deal with cybersecurity disputes. The Cyber Panel is composed of experts in cyber-related areas such as data breaches and subsequent insurance claims. In a press release, Noah Hanft, President of CPR, described the new panel as guiding the “critical effort” by businesses to “prevent and/or resolve cyber-related disputes in a manner that best protects operations, customers and reputation” due to attacks now occurring with increased frequency and sophistication. Continue Reading

Posted in International/EU Privacy

UK Government Releases Statement of Intent on Proposed Data Protection Bill

On 7 August 2017, the UK Department for Culture, Media and Sport (DCMS) published its Statement of Intent on a proposed Data Protection Bill, which will replace the current UK Data Protection Act 1998 (DPA).

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Posted in Cybersecurity & Data Breaches, Financial Privacy

A Guide to NYDFS Cybersecurity Regulations’ August 28 Implementation Deadline

As a follow-up to our previous reports (December 30, 2016 Alert; February 24, 2017 Alert) regarding the cybersecurity regulations issued by the New York State Department of Financial Services (NYDFS), we would like to remind covered entities that the first of several implementation deadlines is this month, on August 28, 2017. To help you prepare, we are providing here an overview of the August 28, 2017 implementation requirements for covered entities.

In addition to this overview, covered entities may also turn to the NYDFS’ Frequently Asked Questions Regarding 23 NYCRR Part 500 as a helpful resource in preparing for implementation. Continue Reading

Posted in Consumer Privacy

FTC Schools “Smart” Toys with Updated COPPA Compliance Guidance

The Federal Trade Commission (“FTC”) released an updated guidance document for complying with the Children’s Online Privacy Protection Act (“COPPA”).  The revised guidance, released on June 21, 2017, explicitly identifies connected toys and other Internet of Things devices as being covered under COPPA and adds clarity to web operators’ responsibility for the activities of third parties, such as ad networks and plug-ins, that collect personal information protected under COPPA.  It also includes recently approved methods for obtaining verifiable parental consent. Continue Reading

Posted in Cybersecurity & Data Breaches

Bipartisan Group of Senators Introduce Bill to Impose Baseline Security Requirements for IoT Devices Provided to U.S. Government

On August 1, a bipartisan group of four senators introduced a bill that would impose specific cybersecurity requirements on providers of Internet of Things (IoT) devices when doing business with the U.S. Government and provide liability protections for security researchers who disclose vulnerabilities affecting these devices. Though the bill’s security requirements would apply only in cases where entities are acting as contractors to the U.S. Government, if enacted, it likely would be influential on IoT vendors operating in the consumer context as well. The bill is largely consistent with an ongoing multistakeholder effort led by the National Telecommunications and Information Administration (NTIA) aimed at developing voluntary security standards for Internet-connected devices.

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Posted in Cybersecurity & Data Breaches

The FTC and Industry Propose Best Practices for IoT Security Updates

How do you ensure that an Internet-connected sensor or device—often inexpensive and designed for lifespans of up to 20 years or more—can be secured against not only the intrusions of today but also those of the future? This question has taken on new urgency as low-cost Internet-connected devices are increasingly being co-opted into massive networks, known as “botnets,” that are capable of causing widespread disruption.

Both government regulators and industry have been working together to solve this and related questions by developing best practices for mitigating security risks from unpatched or unsupported devices. As we discussed in January, the National Telecommunications and Information Administration (NTIA), an independent agency within the Department of Commerce, is leading a multi-stakeholder process to consider opportunities and challenges associated with the Internet of Things (IoT). Since then, a working group convened by the NTIA has published a draft set of industry best practices for communicating to consumers when patches are available and when device manufacturers support sunsets. The Federal Trade Commission (FTC), consumer representatives and industry have submitted comments discussing these issues. Continue Reading

Posted in Cybersecurity & Data Breaches

National Association of Corporate Directors Updates Cyber-Risk Oversight Handbook

Earlier this year, the National Association of Corporate Directors (NACD) released an updated version of its Director’s Handbook on Cyber-Risk Oversight (Handbook). The updates add 16 pages of content to the previously 28-page document, including four additional appendices. While the use of and compliance with the Handbook is not mandatory, the Handbook is influential in shaping governance practices and thus it is prudent for those involved in corporate governance to familiarize themselves with the changes. Continue Reading

Posted in International/EU Privacy

South Korea Joins APEC Cross-Border Privacy Rules System

shutterstock_159695624On Monday, June 12, South Korea became the latest country approved to officially join the Asia-Pacific Economic Cooperation’s (APEC) Cross-Border Privacy Rules (CBPR) system.  It is the fifth APEC economy to participate in the system, joining the United States, Canada, Japan, and Mexico.  To date, twenty companies—including Apple, Cisco, HP, IBM, Rackspace, and Workday—have been certified under CBPR. Continue Reading

Posted in International/EU Privacy

UK to Align Itself with the GDPR Despite Brexit

UK Flag“A new law will ensure that the United Kingdom retains its world-class regime protecting personal data”.  This is today’s strong statement by Her Majesty The Queen reflecting the level of priority given by the UK government to privacy and data protection.  Aside from the political controversies surrounding the recent general Election and the prospect of Brexit, the Queen has confirmed that during this Parliament the government intends to pass a new Data Protection Act replacing the existing one. Continue Reading

Posted in Cybersecurity & Data Breaches

Malware Capable of Shutting Down Electric Grids Confirmed

shutterstock_113929936Malware was recently identified that appears to have been designed and deployed by a nation-state to target and shut down electric grids.

According to published reports, this malware currently appears to be capable of attacking the European grids, and parts of the Middle East and Asia grids, by targeting the specific industrial control system (ICS) network protocols used to operate those grids. With small modifications, the malware reportedly also appears to be capable of attacking the North American power grid, as well as other industries that use ICS networks (e.g., oil, gas, water, data) around the globe.

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