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HL Chronicle of Data Protection Privacy & Information Security News & Trends
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Hogan Lovells Engages at IAPP Global Privacy Summit

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:

Healthcare in the Cloud
March 6, 2014 – 10:45-11:45 a.m.
Natalie Mosallam, Chief Health IT Attorney, Verizon
Marcy Wilder, Partner, Hogan Lovells US LLP

Healthcare is moving to the cloud and the efficiency, cost savings and improved access to information, tools and resources guarantees that healthcare clouds are here to stay. While cloud technologies can be implemented securely and in compliance with HIPAA/HITECH, there are still privacy and security risks. Join this session to discover the top five data protection related issues for healthcare cloud environments and how to ensure that healthcare providers, health insurers, life sciences companies, health and wellness app developers and cloud providers understand the most significant data protection, privacy and contracting issues and how they apply in the healthcare cloud environment.

FTC Privacy and Data Security Jurisprudence
March 6, 2014 – 11:00 a.m.-12 p.m.
Moderator: Omer Tene, Vice President, Research and Education, IAPP
Kelsey Finch, IAPP Westin Fellow
Jessica Rich, Director, Bureau of Consumer Protection, Federal Trade Commission
Christopher Wolf, Director, Global Privacy and Information Management Practice, Hogan Lovells US LLP

Starting in the mid-1990s, the FTC has actively pursued its authority to regulate “unfair and deceptive trade practices” in the realm of privacy and information security. In doing so, it has emerged as a de facto standard bearer of U.S. privacy law. Through a series of more than 150 consent decrees, the FTC has established what some call a “new common law of privacy,” which serves as an invaluable reference and guidance tool for corporate data managers not only in the U.S. but also globally. Recognizing the tremendous impact that this body of law has had for privacy professionals on the ground, the IAPP Westin Research Center has embarked on a project to collate, index, annotate and make available to policymakers and practitioners a “Comprehensive Casebook of FTC Privacy and Information Security Law.” In this session, we’ll discuss the findings and initial conclusions with senior FTC staff.

Judge, Jury and Executioner: Are Federal Courts Giving Privacy Class Actions a Fair Chance?
March 6, 2014 – 12:45-1:45 p.m.
Moderator: Christopher Wolf, Director, Global Privacy and Information Management Practice, Hogan Lovells US LLP
Jeffrey S. Jacobson, Partner, Debevoise & Plimpton LLP
Scott A. Kamber, Managing Partner, KamberLaw LLC

Ever since the DoubleClick case in 2002, plaintiffs have struggled to devise successful legal strategies for privacy class actions. One of the main hurdles has been the articulation of a theory of harm that is sufficient to confer standing in a federal court. Other challenges include proof of causation, commonality and the likelihood that a plaintiff’s injury will be redressed by a favorable decision. At the same time, privacy class actions are a growth industry, with an increasing volume of litigation and privacy related cy pres awards. This panels brings together some of the leading plaintiff and defendant attorneys in the country for what will no doubt be a lively discussion.

Privacy 101—Setting Up the Function
March 6, 2014 – 12:45-1:45 p.m.
Heather Egan Sussman, Partner, McDermott Will & Emery
Evie Kyriakides, Chief Privacy Officer and Associate General Counsel Digital, Privacy and Security, Mars, Incorporated
Mac Macmillan, Of Counsel, Hogan Lovells LLP

This session will approach privacy from the beginning. We’ll answer questions like: How do you go about setting up a function? Why and how do you get buy-in from stakeholders and recruitment? Then, we’ll move into the substantive areas of privacy law to hone in on the first year, including how to implement these new practice areas within a global organization.

The Privacy Pro’s Guide to the NIST Cybersecurity Framework
March 6, 2014 – 2:30-4:00 p.m.
Moderator: Harriet Pearson, CIPP/US, Partner, Hogan Lovells US LLP
Ari Schwartz, Director for Cybersecurity Privacy, Civil Liberties and Policy on National Security Staff, White House
Karen Zacharia, CIPP/US, Chief Privacy Officer, Verizon

In 2013, President Obama directed the National Institute for Standards and Technology—an agency that usually develops standards on technical subjects like encryption—to develop a cybersecurity framework that includes methodologies to protect privacy and civil liberties. NIST’s deadline to deliver the new framework is right before the Summit, and the panel will share their thoughts and advice to help understand and comply with the new framework. All of the panelists have been directly involved in the development of the framework, including the privacy methodology. You will learn how the cybersecurity framework is meant to be used and to whom it applies, what the new privacy methodology means in practice, the pitfalls to avoid and how privacy pros can use the new framework to engage IT, security and senior management.

Governmental Access to Private-sector Data: The Realities and Impacts in the U.S. and EU
March 6, 2014 – 4:30-5:30 p.m.
Moderator: Christopher Wolf, Director, Global Privacy and Information Management Practice, Hogan Lovells US LLP
Stewart Baker, Steptoe & Johnson LLP, Former General Counsel, National Security Agency
Chris Calabrese, American Civil Liberties Union
Alexander Joel, CIPP/US, CIPP/G, Civil Liberties Protection Officer, Office of the Director of National Intelligence/Privacy and Civil Liberties Office

In the wake of the Snowden NSA revelations, this session will provide a balanced perspective on the national security, civil liberties and international relations aspects of the much-talked-about governmental access to private-sector data. The experienced panelists, representing diverse viewpoints, will drill down on what actually is being exposed in the U.S. and in the EU; what checks and oversight exists in the various jurisdictions; what those holding the data and those whose data is held can do to address privacy and free expression concerns; and what impact the publicity over national security access is having on public policy and international relations.

To visit the full agenda of the IAPP’s Global Privacy Summit, click here.