This summer, several states have enacted legislation addressing a broad range of privacy issues including data breach notification, health care privacy, employer access to employees’ and applicants’ social networking accounts, the collection of Social Security numbers, and telemarketing. We provide an overview of the recent privacy regulation developments in Vermont, Connecticut, Hawaii, New York, and Illinois.
The American Bar Association (ABA) is proposing to make clear that the protection of a client’s data is an ethical responsibility of lawyers. The Commission on Ethics 20/20 of the American Bar Association recently released its Report to the House of Delegates recommending several modifications to the ABA Model Rules of Professional Conduct regarding lawyers’ use of technology and protection of client confidences, including a Rule that requires lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to information relating to the representation of a client.
The Article 29 Working Party released on March 29, 2012 its opinion on the European Commission’s proposed new data protection Regulation and Directive (WP191 – Opinion 01/2012 on the data protection reform proposals). The Working Party expresses strong reservations about the proposed Directive on data processing for police and criminal justice matters, criticizing the Commission’s… Continue Reading
A new amendment to California’s security breach notification statute establishes specific content requirements for data breach notifications and imposes a new Attorney General notification requirement for breaches affecting more than 500 California residents.
The Article 29 working party of European data protection authorities published a roadmap listing areas of future reform of privacy legislation in the EU. “Privacy by design,” increased accountability and a reduction in administrative filing obligations are among the WP29′s proposals.