In recent weeks, FTC and HHS have announced expansion of the operational areas of their organizations that are dedicated to enforcement of laws and regulations related to technology, privacy, and cybersecurity. On February 17, 2023, the FTC announced the creation of a new Office of Technology in order to “strengthen the FTC’s ability to keep
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The EU Supervisory Authorities’ Coordinated Enforcement Action in the EU: This Year It’s All About DPOs
On March 15, 2023, the European Data Protection Board (“EDPB”) – the body through which the EU Member States’ Supervisory Authorities cooperate – along with 26 EU Supervisory Authorities officially launched a “coordinated enforcement action”, focusing on the designation of Data Protection Officers (“DPOs”) under the EU GDPR, and the position that DPOs hold in…
New NAIC Consumer Privacy Model Law Proposed for Insurers
By Kim Peretti
The National Association of Insurance Commissioners (NAIC) Privacy Protections Working Group (the “Working Group”) released Insurance Consumer Privacy Protection Model Law #674 (“Model 674”) for comment on February 1, 2023. Model 674 is intended to modernize and replace the Insurance Information and Privacy Protection Model Act #670 (“Model 670”) and the Privacy of Consumer Financial…
California Privacy Protection Agency Issues Invitation for Preliminary Comments on Proposed Rulemaking on Risk Assessments, Cybersecurity Audits, and Automated Decisionmaking
By Josh Fox
The California Privacy Protection Agency (CPPA) issued an Invitation for Preliminary Comments on Proposed Rulemaking (Invitation) Friday as it considers new rules regarding Risk Assessments, Cybersecurity Audits, and Automated Decisionmaking. The proposed rulemaking is pursuant to California Civil Code § 1798.185(a)(15)-(16), which directs the CPPA to draft regulations on these topics. Although the Invitation enumerates…
California Privacy Protection Agency Approves CCPA Regulations
By Josh Fox
The California Privacy Protection Agency (CPPA) voted unanimously Friday to approve the newest version of the draft California Consumer Privacy Act (CCPA) regulations. These regulations are substantively the same as those considered by the CPPA Board during its October 2022 meeting. This vote marks the conclusion of a chapter that began in May 2022, when…
California Attorney General Initiates New Investigative Sweep under the CCPA
The California Attorney General on Friday announced a new investigative sweep under the California Consumer Privacy Act (CCPA). The announcement marks the third year in a row in which the Attorney General’s office has initiated a significant enforcement or regulatory initiative on Data Privacy Day[1]. This year, Attorney General Bonta’s team is focusing on B2C…
Alston & Bird Hosts Webinar on Privacy and Data in 2023: A Look Ahead
On January 31, 2023, at 12:30 – 1:30 pm ET, join Peter Swire, Wim Nauwelaerts, David Keating, Karen Sanzaro, and Dorian Simmons in an engaging discussion focusing on trends and anticipated developments in privacy and cyber law in 2023. We will discuss recent regulatory and industry developments in the U.S. and E.U., where things appear…
FCC Proposes to Change Data Breach Reporting Rules for Telecommunication Companies
By Kim Peretti
On January 6, 2023, the FCC released a Notice of Proposed Rulemaking (the “Notice”) proposing to “modernize the Commission’s data breach rules,” and thereby launching a formal effort to gather information from the industry on the issue of data breach reporting. The Notice, adopted on December 28, 2022, seeks to strengthen its rules with the…
CPPA Anticipates April Effective Date for CPRA Regulations
By Hyun Jai Oh
The California Privacy Protection Agency (“CPPA”) announced during its Board meeting on December 16, 2022 that the regulations implementing the California Privacy Rights Act (“CPRA”) will not likely go into effect until April 2023. CPPA Executive Direct Ashkan Soltani stated that the CPPA Staff plans to publish the final draft of the CPRA regulations in…
European Commission Takes Significant Step Towards New Solution for Transatlantic Transfers of Personal Data
By Paul Greaves
What Happened? On December 13, 2022, the European Commission (the “Commission”) took a significant step towards the adoption of the EU-U.S. Data Privacy Framework (“DPF”). The DPF is a new framework designed to replace the EU-U.S. Privacy Shield (“Privacy Shield”), which was struck down by Court of Justice of the European Union in the Schrems…