Ben Mishkin is the featured guest on Legal Talk Network’s Legal Rebels podcast, where he discusses the regulatory landscape regarding data protection and privacy and what to expect—and not expect—in the near future. Listen now.
Blog Archives
Artificial Intelligence Systems, Profiling, and the New U.S. State Privacy Laws
The rapid spread of Artificial Intelligence (AI) systems in recent years has overlapped with the enactment of comprehensive privacy laws by multiple U.S. states. Aside from being generally applicable to AI systems in the same way as they are to…
Tagged with: AI, artificial intelligence, consent, legislation, privacy, state privacy laws
Posted in Artificial Intelligence, Legislation, Privacy, Regulations
Posted in Artificial Intelligence, Legislation, Privacy, Regulations
The New Standard Contractual Clauses Deadline is Approaching
On June 4, 2021, the European Commission introduced the new set of Standard Contractual Clauses (“SCCs”), a primary mechanism for lawfully transferring personal data from Europe to the United States under the European Union’s General Data Protection Regulation. These new SCCs replace…
Tagged with: cross-border transfers, data transfer, GDPR, impact assessment, SCCs, standard contractual clauses
Posted in GDPR, Regulations, Standards
Posted in GDPR, Regulations, Standards
AI and Cybersecurity Issues Look Set to Dominate the Privacy Landscape in 2022
Meghan Stoppel, who spent over a decade serving as an Assistant Attorney General, and later a Consumer Protection Chief, to both Democratic and Republican state attorneys generals, talks to Andy Baer, Chair of Cozen O’Connor’s Technology, Privacy and Data Security…
SEC Proposes New Cybersecurity Disclosure Rules for Public Companies
On March 9, 2022, the SEC proposed new rules (“Proposed Rules”) that would expand cybersecurity disclosures applicable to public companies subject to the reporting requirements of the Securities Exchange Act of 1934 (“Exchange Act”). Existing SEC rules do not explicitly require cybersecurity…
Tagged with: breach, cyber security, cybersecurity, data breach, data security, public companies, rules
Posted in Regulations
Posted in Regulations
Federal Agencies Announce a New 36-Hour Cybersecurity Incident Rule Reporting Requirement
On November 18, 2021, the Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (“Board”), and the Federal Deposit Insurance Corporation (“FDIC”) (collectively, the “Agencies”) issued a new rule (the “Rule”) that…
Tagged with: banking, breach, cyber security, cybersecurity, data breach, data security, FDIC, federal reserve, notification, OCC, privacy
Posted in Data Breach, Policies and Procedures, Regulations, Standards
Posted in Data Breach, Policies and Procedures, Regulations, Standards
FTC’s Amended Safeguards Rule Imposes Significant Requirements on Covered Entities
On October 27, 2021, the Federal Trade Commission (“FTC”) announced new updates to the Gramm-Leach-Bliley Act (“GLBA”) by amending the Standards for Safeguarding Customer Information, known as the “Safeguards Rule,” and issuing a final rule (the “Final Rule”). The Safeguards…
Tagged with: data security, financial institutions, privacy, safeguards, Safeguards Rule, security practices
Posted in FTC, GLBA, Regulations
Posted in FTC, GLBA, Regulations
State Privacy Law Update – Colorado and Nevada
While a uniform federal privacy law in the United States continues to be an uncertain prospect overshadowed by other national priorities such as infrastructure and COVID relief, state legislatures have pushed forward with their own privacy regimes, resulting in an…
Introduction to the Virginia Consumer Data Protection Act – Part II
This is the second installment of our summary of the Virginia Consumer Data Protection Act (“VCDPA”). In our first post, we covered the goals of the law as well as its applicability and thresholds, what qualifies as personal data, the…
Tagged with: controllers, data protection assessments, legislation, personal data, privacy, privacy notice, processors, VCDPA
Posted in Data Security, Legislation, Privacy, Regulations, VCDPA
Posted in Data Security, Legislation, Privacy, Regulations, VCDPA
Getting Tough with Zero Trust – Biden Bolsters Cybersecurity via Executive Order
On May 12, 2021, President Biden issued Executive Order No. 14028, entitled “Improving the Nation’s Cybersecurity”, setting out new and enhanced cybersecurity standards for federal government agencies and the commercial software products utilized by them. The Biden administration’s order comes…
Tagged with: best practice, critical infrastructure, cybersecurity, encryption, executive order, mfa, NIST, ransomware, software, standards
Posted in Data Security, Regulations, Standards, Uncategorized
Posted in Data Security, Regulations, Standards, Uncategorized
