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And the Saga Continues: On The Road Again to the CJEU with Shrems II

Facebook has been caught in a legal battle concerning the adequacy of its data protection well before the Cambridge Analytical revelations that came to light in the past few weeks. While spending a semester in the United States studying at Santa Clara University, Austrian law student Max Schrems first became aware of Facebook’s limited grasp of the severity of European Union (“EU”) data protection laws in 2011 when a privacy attorney from Facebook spoke to his class. Angered by the lack of appreciation of the EU privacy law in his home continent, Schrems decided to write his thesis paper about “Facebook’s Misunderstanding of Privacy Law in Europe.” During the course of his research, Schrems learned that Facebook had been violating strict EU privacy law, which prompted him to file numerous complaints with the Irish Data Protection Commission (DPC) in 2011. He later rescinded this set of complaints because the DPC had ignored his efforts.

Is Nothing Sacred? Recent Hackings on Our Governmental Entities

Somewhere, in another country or hidden in a basement down your street, a hacker is waiting in the dark searching for the vulnerabilities in our national infrastructure.  They are scanning systems for any threat vector which can serve as their entry into our world. This past week, we were treated to two recent hacking incidents against governmental entities that are the shape of things to come.  

In case you missed it, the CLOUD Act is now law

In the midst of the Microsoft case, Senators Orrin Hatch (R-Utah), Christopher Coons (D-Del.), Lindsey Graham (R-S.C.) and Sheldon Whitehouse (D-R.I.), introduced the Clarifying Lawful Overseas Use of Data Act, or “CLOUD Act” in February, to create a framework for law enforcement to access data that is stored overseas.   At the time the CLOUD Act was first introduced, we addressed some of the potential impacts the Cloud Act would have in light of the pending Microsoft case, and the jurisdiction of data generally.  

But, I never gave you my data? The GDPR’s impact on data subject rights

Let us set the scene.  You receive an email: sign-up for LinkedIn! Facebook! Instagram! [Fill in your Service of Choice here.]  And, once you click to create an account, the information is mostly pre-populated: your name, your email address, your current job, your “friends”, your location/region — a number of pieces of information that may have you shaking your head asking:  how did they compile all of this information without my input and without me even knowing it?

Why Aren’t You Ready? The First Steps to Protecting Healthcare Data

Recently, I read a statistic that stated 70% of employees in all industries lack sufficient cyber-preparedness. However, in the healthcare industry alone, this statistic is even higher: 78% of employees showed a lack of preparedness regarding common threat vectors and privacy issues.  This statistic, and the corresponding article, is both shocking and, at the same time, not surprising.

A Deep Dive into CareFirst and What it Means for Breach Litigation in the US

The Supreme Court has shed some light on whether plaintiffs in a class action suit have standing to sue a healthcare insurer in federal court based upon a breach into that healthcare insurer’s protected network. On February 20, 2018, the Supreme Court denied CareFirst’s petition for certiorari and will leave the holding in place from the United States Court of Appeals, District of Columbia Circuit. This case resulted from a June 2014 cyberattack into the protected server of the health insurer, CareFirst.

Are you Following Me? How the Internet of Things is Affecting Our Lives

The new “big thing” in the cyber world is Internet of Things (“IoT”).  What is the IoT? It is your fitness tracker, your Alexa, electronic pacemakers, the GPS in your car, self driving cars — pretty much all of those cool and new electronics and technology that makes our lives exciting and easier.  However, no matter how techy our world gets some things never change, and the old adage — there is no such thing as a free lunch — seems more and more appropriate.  

The GDPR and Higher Education #4: International Data Transfers

We are concluding our series on the Impact of the European Union’s General Data Protection Regulation (“GDPR”) on Higher Education Institutions located in the United States.  The first post frames the application of the GDPR to higher-education institutions; the second post focuses on the two key roles under the GDPR:  data controllers and data processors; and the third post focuses on data processing and key rights under the GDPR.  This final post in the series discusses the data transfer provisions under the GDPR:  key to US-based institutions that intend to transfer data related to EU data subjects to the United States.

Bipartisan Cloud Act introduced in the Senate: What does this potentially mean for data stored overseas?

The debate surrounding overseas storage of data continues.  Last week, Senator Orrin Hatch (R-Utah), co-sponsored by Senators Christopher Coons (D-Del.), Lindsey Graham (R-S.C.) and Sheldon Whitehouse (D-R.I.), introduced the Clarifying Lawful Overseas Use of Data Act, or “Cloud Act”, to create a framework for law enforcement to access data that is stored overseas.  You may recall that a case regarding access to data abroad, under the Stored Communications Act (“SCA”), 18 U.S.C. Chapter 121 §§ 2701–2712, is currently pending in front of the Supreme Court.  

The NYDFS: Treating Cybersecurity as the Newest Businesses Opportunity

The New York Department of Financial Services (NYDFS) issued cybersecurity regulations that began to take effect on March 1, 2017.  Similar to the Health Insurance Portability and Accountability Act (“HIPAA”), the NYDFS imposed proactive cybersecurity regulations on “covered entities” doing business in New York.  Covered entities under the NYDFS cybersecurity regulations include insurance companies, banking institutions, trust companies, budget planners, check cashers, credit unions, and (thanks to Equifax) credit monitoring companies.