NIST RFI to Solicit Feedback on Cybersecurity Framework Closing: Good Opportunity to Assess Suggestions and Concerns

Written by Peter McLaughlin On Friday, October 10th, an opportunity to submit comments on a Request for Information concerning awareness and implementation of the “Framework for Improving Critical Infrastructure Cybersecurity” closes. Companies of all sizes and sectors should pay attention to the resulting conclusions from the National Institute for Standards and Technology (NIST). While NIST …

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Mobile apps – increasing privacy transparency is on top of your to-do list!

By Patrick Van Eecke Mobile apps: increasing privacy transparency is on top of your to-do list! Patrick Van Eecke & Elisabeth Verbrugge As previously announced, the Global Privacy Enforcement Network (GPEN) recently released the results of the global privacy sweep of mobile applications it conducted in May 2014. More than 25 privacy commissions around the world …

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UPDATE: Federal District Court Decision in Microsoft Case re Warrants for Content Stored Outside US

Written by Sydney White On August 29, the district court judge lifted the stay after finding that the decision was not appealable.  Microsoft continues to refuse to turn over the emails and it seems likely that the judge will find Microsoft in contempt.  A contempt order would be appealable as a final order and could …

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PCI Security Standards Counsel: Recently Published Recommendations

Written by Ryan Sulkin The PCI Security Standards Council has recently published recommendations for ensuring that payment data and systems entrusted to third parties are maintained in a secure and compliant manner, in accordance with PCI-DSS requirements.  The recommendations are available at the following link: https://www.pcisecuritystandards.org/documents/PCI_DSS_V3.0_Third_Party_Security_Assurance.pdf. A merchant, prior to engaging a supplier that will access …

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HACKERS STEAL 1.2 BILLION PASSWORDS – 4 STEPS TO TAKE NOW

Written by Aravind Swaminathan and Tara McGraw Swaminatha The New York Times reported this week that an organized Russian criminal group stole approximately 1.2 billion user name and password credentials associated with more than 500 million email addresses from hundreds of thousands of websites around the world. The article notes that the hackers used a …

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FTC Publishes revised COPPA FAQs, clarifies parental consent methods

By Kate Lucente The FTC has issued three new FAQs clarifying the “verifiable parental consent” requirements under the COPPA Rule. In one of the revised FAQs, the FTC reiterates that the COPPA Rule’s list of parental consent methods is not exhaustive and that operators are free to use other “reasonably calculated methods” to obtain consent.  …

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Florida Information Protection Act of 2014 Goes Into Effect; Regulator Notification Required

By Jennifer Kashatus Effective July 1, 2014, Florida has repealed its existing data breach law in favor of a new, more stringent, law. Florida has joined the list of states requiring notice to regulators:  specifically, an entity must notify the Department of Legal Affairs of any breach affecting 500 or more Florida residents as soon as possible, …

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California Issues Guidance To Companies on Disclosing Privacy Practices

Written By:  Michelle Anderson This week, California Attorney General (AG) Kamala Harris released a series of recommendations designed to help businesses make their privacy policies meaningful to consumers: Making Your Privacy Practices Public.  As interpreted by the AG’s Office, a “meaningful” privacy policy is one that helps consumers “make informed decisions about which companies they …

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Mobile app providers: be aware of sweeping privacy watchdogs.

By Patrick Van Eecke & Julie De Bruyn The Global Privacy Enforcement Network (GPEN) is organizing an international privacy sweep between 12 and 18 May 2014, specifically targeted at mobile applications, involving 27 data protection authorities around the world . The privacy sweep targeted at apps follows the first privacy sweep conducted in May 2013, where …

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DLA Launches New Edition of Data Protection Laws of the World Handbook

By Kate Lucente DLA Piper’s Data Protection & Privacy group are delighted to announce the launch of the third edition of the Data Protection Laws of the World Handbook – a great way to celebrate Data Protection Day! This edition is particularly exciting as it is available via our new online site, which has a number of …

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Malaysia’s Personal Data Protection Act Finally in Effect

By Kate Lucente Malaysia’s first ever comprehensive privacy law,  the Personal Data Protection Act of 2010 (“PDPA“), came into force on November 15, 2013. The Malaysia Parliament passed the PDPA in 2010.  However, it was passed with no set effective date and uncertainty as to when it would come into force. Now that the law is in …

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EU-US Safe Harbor Continues to be Questioned by EU Leaders

By Kate Lucente and Jim Halpert Discussions at the European Parliament level continue to call into question the validity of the EU Safe Harbor Program in the wake of the NSA scandal.   Amidst continuing discussions over Safe Harbor, it is possible that the Parliament could pass a resolution requiring review of the current EU Safe …

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EU Member State Leaders Vote to Delay Adoption of New Data Protection Framework

By Kate Lucente Yesterday, at the European Council summit in Brussels, leaders from the 28 EU member states agreed to push back the deadline for the adoption of the new EU data protection framework, agreeing that the deadline should be in 2015, rather than the May 2014 deadline that the European Parliament and European Commission …

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California Passes Law Giving Minors an “Eraser Button”

By Kate Lucente n September 23, California Gov. Jerry Brown signed SB 568 into law, a bill that gives minors in California the right to require that Internet companies delete content posted online by the minors.  This concept is sometimes referred to as an online “eraser button.”  The law takes effect Jan. 1, 2015. The law does not …

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THE CYBERSECURITY FRAMEWORK: ADMINISTRATION, CONGRESS MOVE TO INCENTIVIZE PRIVATE-SECTOR

By Jim Halpert, Vincent Sanchez and DLA Piper The White House has announced its eight preliminary incentives to encourage private sector owners and operators of critical infrastructure to adopt the final Cybersecurity Framework, now under development by the Administration. And in the meantime, a report from the Department of Defense and the General Services Administration, still …

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Attack of the Killer Initiative?: Opt-in Privacy Regime on Deck for a California Ballot Initiative

By Jim Halpert On July 17th, former California State Senator Steve Peace (director of the film, “Attack of the Killer Tomatoes”) and trial lawyer Michael Thorsnes filed a potentially revolutionary draft ballot initiative with the California Attorney General’s Office (“the Initiative”). If approved by voters, it would amend the California Constitution to establish a very broad …

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DATA PROTECTION LAWS OF THE WORLD

By Kate Lucente DLA Piper has published the second edition of its Data Protection Laws of the World reference guide, expanding the handbook’s scope to cover 12 key features of the privacy laws of 63 countries that affect our clients. Data Protection Laws of the World is searchable by country and by subject matter. View or download the handbook here.

What companies need to know about the Obama Administration’s Cybersecurity Order

Written by:  Sydney White, Steven Phillips, Jim Halpert, andVinny Sanchez After proponents of cybersecurity legislation were unable to reach consensus on a bill during the 112th Congress, President Barak Obama, on February 12, issued a cybersecurity Executive Order (the Executive Order or EO) to enhance the security and resilience of the country’s critical infrastructure (CI). The EO …

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FTC Chairman to Retire

By Jim Halpert FTC Chairman Jon Leibowitz will announce tomorrow that he is leaving the Commission effective mid-February.  Rumored contenders to succeed him as Chair include Commissioners Edith Ramirez and Julie Brill, Commerce Department GC Cam Kerry and Howard Shelanski, Director of the FTC’s Bureau of Economics.

THE MOBILE APP ECOSYSTEM SHIFTS AS CALIFORNIA AG ISSUES MOBILE APP PRIVACY GUIDELINES

By Jim Halpert California Attorney General Kamala Harris has issued mobile app privacy best practices guidelines that could have significant effects on the mobile marketplace. The AG’s report, “Privacy on the Go: Recommendations for the Mobile Ecosystem,” encourages app developers and other players in the mobile industry to consider privacy issues at the start of the …

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