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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: regulation

Posted in International/EU Privacy

Hogan Lovells Calls for an Alternative Approach to Regulating Privacy in the Digital Economy

Hogan Lovells has published a study evaluating the ongoing legislative proposal for a new ePrivacy Regulation, a law aimed at updating the current ePrivacy framework in the EU.

After nearly three years of debates and negotiations, the European Union is nowhere near agreeing a position on how to achieve the right balance between the need for technological innovation, public security and the protection of privacy in the context of the digital economy.

Posted in Consumer Privacy

U.S. Supreme Court Sidesteps Important TCPA Deference Issues

On June 20, 2019, the Supreme Court released its long-awaited decision in PDR v. Carlton & Harris Chiropractic.  The Court was expected to provide greater clarity about the extent to which litigants can challenge the Federal Communications Commission’s Telephone Consumer Protection Act interpretations in private litigation.  Instead of deciding that issue, however, the Court vacated the Fourth Circuit’s ruling and remanded the case for further development. How the Fourth Circuit rules on remand may ultimately provide more insight on how much deference is owed to the FCC’s TCPA interpretations.

Posted in International/EU Privacy

UK Government Aims for Data Protection Continuity Despite No Deal Brexit Prospect

Amid the constitutional and political uncertainties surrounding the Brexit process, the UK Government has provided welcome assurance on the data protection front. Guidance issued by the Department for Digital, Culture, Media & Sport (DCMS) confirms how UK data protection law will work in the event the UK leaves the EU without a deal. Whilst the Government still regards a No Deal Brexit as “unlikely”, given the extremely severe implications of that scenario for transfers of personal data into and out of the UK, the DCMS confirmation is hugely helpful in terms of the preparations needed for that eventuality.

Posted in Cybersecurity & Data Breaches

New York Department of Financial Services Previews Rigorous Cybersecurity Rules for Financial Sector

On November 9, 2015, Anthony Albanese, Acting Superintendent of the New York State Department of Financial Services, issued a letter to a wide array of federal and state financial services regulators that are part of the Financial and Banking Information Infrastructure Committee. The FBIIC members work together to enhance the reliability and security of financial sector infrastructure. Mr. Albanese’s letter outlines potential new cybersecurity regulations that would impact NYDFS-regulated financial institutions. The letter, which follows numerous steps taken by the NYDFS in recent years to better understand and mitigate cybersecurity risks, further positions the NYDFS as a leading regulator on cybersecurity issues in the U.S., particularly with respect to the financial sector. While no precise timeline was specified for enacting the potential regulations outlined, it appears likely that the NYDFS may formally propose comprehensive cybersecurity regulations in the months ahead.

Posted in International/EU Privacy

Recent ECJ Decision Embraces Targeting Theory of Jurisdiction

Last month, the Court of Justice of the European Union (ECJ) issued a ruling on the scope of EU member states’ jurisdiction over internet services. In Football Dataco Ltd v. Sportradar GmbH, the ECJ considered a jurisdictional issue related to the Database Directive, but its opinion could have broader implications for how the EU considers […]

Posted in International/EU Privacy

Right to be Forgotten Can’t be Enforced on the Internet, says European Security Agency

Europe’s Network and Information Security Agency, ENISA, released on November 20, 2012 its report on the technical aspects of the right to be forgotten. ENISA first points out that any technical solutions for the right to be forgotten would require an unambiguous definition of the personal data that is covered by the right to be […]

Posted in International/EU Privacy

Blogging from Brussels: Key European Officials Discuss Changes to EU Text

Prominent European government officials provided up-to-the-minute perspectives on the proposed European data privacy regulation at this week’s IAPP Europe Data Protection Congress  in Brussels. The officials’ comments — summarized below –indicate how the proposal might evolve for the next steps in the policy process, which include the issuance of the European Parliament’s formal report on […]

Posted in News & Events

Live Blogging from “The Public Voice” in Uruguay: WP 29 Chair Says Proposed EU Regulation is Not Tough Enough

At a meeting of civil society in Uruguay today, Article 29 Working Party Chair Jacob Konstamm decried the “fierce lobbying” by the US government and IT companies on the pending EU Regulation and spoke directly to the issue of the explicit consent requirement in the proposed Regulation; the definition of personal data; and the issue of purpose limitation.

Posted in Consumer Privacy

Video Interview on Proposed Changes to COPPA Rule with Eric Bukstein

Eric Bukstein, who is in the Privacy and Information Management Practice at Hogan Lovells recenly gave a video interview to Colin O’Keefe of LXBN (Lexblog Network) TV to discuss the FTC’s supplemental proposed changes to the COPPA Rule. The video can be viewed in this blog entry.

Posted in International/EU Privacy

New Article in ABA Antitrust Magazine Contrasts EU-US Proposals for New Privacy Framewrok

In a just-published article for the American Bar Association Antitrust magazine entitled “So Close Yet So Far, The EU and US Visions of a New Privacy Framework.” available through a link in this blog entry, Hogan Lovells Privacy partners Winston Maxwell (Paris) and Chris Wolf (Washington) compare and contrast the pending proposals on both sides of the Atlantic for improvements to the privacy frameworks.

Posted in International/EU Privacy

Article 29 Working Party issues critical opinion of the Commission’s new proposed data protection framework

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 […]

Posted in International/EU Privacy

Tension Between Privacy Law and Other Interests Highlighted in Recent German Episode

Chris Wolf, Hogan Lovells Privacy and Information Management Practice Director, has a column in Slate, the daily Web magazine addressing the tension between privacy laws and other societal interests, and the potential for inflexible application of privacy laws in the EU. His discussion is in the context of the prosecution of two reporters for invading the privacy of a former Nazi commando who had been in hiding for decades. A link to the column is included in this blog entry.

Posted in International/EU Privacy

Hogan Lovells Submits Comments on Proposed EU Regulation to UK Ministry of Justice

The United Kingdom Ministry of Justice is engaged in a consultation on the impact of the proposal of the European Commission for a Data Protection Regulation to replace the EU Directive and implementing legislation, and solicited submissions by 6 March. On 29 February 2012, Hogan Lovells held a session in London for clients where we sought and obtained views on the impact of the proposals made by the European Commission for a new Data Protection Regulation. Yesterday, the firm made a submission to the Ministry of Justice on the proposed Regulation. This document contains a distillation of our own observations and comments made to us by clients.

Posted in International/EU Privacy

London Privacy Workshop Seeks Input for UK Consultation

Hogan Lovells partners Quentin Archer, Roger Tym and Winston Maxwell hosted a London workshop on February 29, 2012 aimed at collecting comments for the UK Ministry of Justice’s public consultation on the proposed EU privacy Regulation. Workshop participants commented on the right to be forgotten, data portability, the accountability principle, data breach notifications, proposed requirements for consent, fining powers, and the “one-stop-shop” principle.

Posted in International/EU Privacy

New Article by Hogan Lovells Partner Examines Proposed EU Regulation

We are pleased to provide an English language translation of Paris Office Partner Winston Maxwell’s article examining the European Commission’s proposed regulation on data protection, focusing on the Commission’s choice of a regulation as opposed to a directive, and the new obligations that will be imposed on companies, including the accountability principle, privacy by design and the obligation to conduct privacy impact assessments (PIA) for certain kinds of processing. The article describes the proposed changes to the rules on applicable law, which are designed to bring certain non-European websites within the scope of European privacy rules, the proposed “right to be forgotten” and right to data portability.

Posted in International/EU Privacy

Announcement from European Commission on Comprehensive Data Protection Reform Coming Wednesday

Despite rumors of delay, the formal announcement of a proposed comprehensive reform of the data protection framework in the European Union is now set for this Wednesday, January 25 at 12:30 CET (6:30 AM EST). This blog entry contains a link to the videostream of the announcement, as well as a synopsis and link to a video of a speech on Saturday by EU Justice Vice-President Viviene Reding. The Commission’s Data Privacy Day video on personal responsibility to protect privacy also is linked to.