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HL Chronicle of Data Protection

Privacy & Information Security News & Trends

Posted in Consumer Privacy

Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split

Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). On February 19, 2020, a unanimous Seventh Circuit panel refused to revise a putative class action in Gadelhak v. AT&T Services, Inc. after concluding that the dialing system used by AT&T did not qualify as an autodialer. Like the Eleventh Circuit in Glasser v. Hilton Grand Vacations Company, LLC and Third Circuit in Dominguez v. Yahoo, Inc., the Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers. Because the system used by AT&T simply pulled numbers from a database, the court found that the system was not an autodialer and the texts did not violate the TCPA. Continue Reading

Posted in News & Events

Now Available: CCPA Modified Draft Regulations Update (Webinar Materials)

Melissa Bianchi

Mark Brennan

Bret Cohen

Scott Loughlin

Tim Tobin

 

 

 

 

 

 

 

 

 

 

 

On Friday, February 7, 2020 the California Attorney General (CA AG) released a notice of changes to the California Consumer Privacy Act (CCPA) draft regulations, making substantial changes to the earlier draft regulations published in 2019 (covered in a prior webinar by Hogan Lovells, here). Hogan Lovells Privacy and Cybersecurity partners hosted a webinar discussion of the modified draft regulations and how they may impact compliance efforts. Continue Reading

Posted in Cybersecurity & Data Breaches

In-Person Event: A Perfect Storm? Panel Discussion on Handling a Cybersecurity Incident

Peter Marta

Arwen Handley

 

 

 

 

 

 

Philip Parish

Nicola Fulford

 

 

 

 

 

 

Please join us in our London offices for a lively panel discussion on what financial institutions and service providers need to know about cybersecurity and cyber incident preparedness.

Through an interactive case study, the panel will examine the key challenges that companies face before, during, and after a cybersecurity attack, including cybersecurity preparedness, incident response, notification requirements, and litigation and regulatory enforcement risk. Hogan Lovells Cybersecurity Partner and former Global Head of Cybersecurity at JPMorgan Peter Marta will be joined by London-based Partners Arwen Handley (Litigation and Investigations), Philip Parish (Litigation and Investigations), and Nicola Fulford (Privacy and Cybersecurity). Continue Reading

Posted in Cybersecurity & Data Breaches

New York State Expected to Increase Enforcement of Cybersecurity Practices

Companies should take note of two imminent developments in New York in the area of cybersecurity regulation: enforcement of the New York Department of Financial Services (NYDFS) Cybersecurity Regulation (Regulation) and the effective date of the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act or Act). The Regulation and the Act both contain prescriptive cybersecurity requirements and new breach notification obligations for regulated organizations. The Act has a particularly broad reach, impacting any company that owns or licenses private information of New York residents. Continue Reading

Posted in Cybersecurity & Data Breaches

Cybersecurity and the False Claims Act: A New Frontier for Contractor Liability? (Podcast Series)

Mike Vernick

Michael Scheimer

 

 

 

 

 

 

Please tune in for an in-depth podcast discussion of cybersecurity and the False Claims Act, featuring Mike Vernick and Mike Scheimer.

  • February 26: FCA Enforcement in the Financial Services Sector
  • March 4: Looking ahead

Continue Reading

Posted in News & Events

Webinar Invitation — CCPA Modified Draft Regulations Update (Key Changes)

Melissa Bianchi

Mark Brennan

Bret Cohen

Scott Loughlin

Tim Tobin

 

 

 

 

 

 

 

 

 

 

 

The California Attorney General (CA AG) has released a notice of changes to the California Consumer Privacy Act (CCPA) draft regulations, making substantial changes to the earlier draft regulations published in 2019 (covered in a prior webinar by Hogan Lovells, here). The CA AG will accept public comments on the modified draft regulations until Monday, February 25, 2020.

To learn more about the latest draft regulations, how they may impact your compliance efforts, and whether additional comments to the CA AG make sense for your organization, attend this webinar featuring discussion from Hogan Lovells Privacy and Cybersecurity partners.

Date:
Thursday, February 20, 2020

Time:
11:30 AM EST
8:30 AM PST
4:30 PM GMT

To register, please click here.

Posted in Privacy & Security Litigation

Eleventh Cir. Rejects Broad Reading of “Autodialer”

On January 27, 2020, an Eleventh Circuit panel released a landmark ruling in Glasser v. Hilton Grand Vacations Company, LLC. The key issue in the case was how to interpret ambiguous language in the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system” (ATDS or autodialer). In recent years, imprecise statutory phrasing and the Federal Communication Commission’s (FCC) liberal reading of the legislative history empowered plaintiffs to assert TCPA claims based on a wide array of calling systems. The Eleventh Circuit panel’s decision in Glasser rejects that trend, joins the D.C. Circuit in adopting a much narrower view of the TCPA’s scope, and establishes a clear circuit split with the Ninth Circuit. Continue Reading

Posted in News & Events

Webinar Invitation — From Regulation to Litigation: CCPA Litigation Defense

Michelle Kisloff

Michael Maddigan

Adam Cooke

Vassi Iliadis

 

 

 

 

 

 

 

 

 

 

 

The United States’ first comprehensive privacy law, the California Consumer Privacy Act (CCPA), took effect on January 1, 2020, creating significant new consumer privacy rights and significant obligations for businesses. Much of the dialogue to date has focused on compliance with this new law. Now, businesses need to focus on preparing to defend against CCPA-based litigation.

This webinar will explore the CCPA’s litigation impact and strategies for defending your interests.

We will cover key topics such as:

  • The statute’s limited private right of action
  • Other sources of CCPA-based private lawsuits (i.e., Unfair Competition Law)
  • Enforcement actions
  • Key defense strategies

CLE credit is pending state bar approval in California, New York, Texas,
and Virginia.

Date:
Thursday, February 27, 2020

Time:
01:00 – 02:00 PM ET
10:00 – 11:00 AM PT

To register, please click here.

Posted in Consumer Privacy

Modified CCPA Regulations Released—Comments Due February 25 (Updated)

On Friday, February 7, 2020, the California Attorney General (CA AG) released notice of changes to the California Consumer Privacy Act (CCPA) draft regulations. Initial draft regulations were published for public comment on October 11, 2019 (as previously covered by Hogan Lovells here).

Public comments on these modified draft CCPA regulations will be accepted by the CA AG until Monday, February 25, 2020, at 5 pm PST.

Redline and clean versions of the modified regulations, along with documents and other information the CA AG relied upon in modifying the draft regulations and the initial proposed regulations, are available on the CA AG’s CCPA website.

Editor’s note: This post was updated to reflect the CA AG’s publication of an additional change (see § 999.317(g)) on February 10, 2020. With this change, the original deadline for public comments was delayed from February 24 until 5 pm PST on Tuesday, February 25, 2020. The links in this post have been updated to reflect the CA AG’s updated materials released on February 10, 2020.