Category: Policy & Legislation
Landmark Decision Handed Down on ICO’s Responsibilities in Handling Subject Access Requests
On 10 October 2023, the England and Wales Court of Appeal handed down its decision in Delo, R. (On the Application Of) v. The Information Commissioner, in which it upheld an earlier High Court ruling that the UK’s data protection regulator, the Information Commissioner’s Office (ICO), is not obliged to […]
California’s Delete Act – Key Takeaways for Data Brokers
On Tuesday, October 10, 2023, California Gov. Gavin Newsom signed into law Senate Bill 362, also known as the Delete Act, which amends certain aspects of California’s existing Data Broker Registration law. By January 1, 2026, the Delete Act will enable California consumers – as defined under the California Consumer […]
New UK Guidance on Workplace Monitoring
On 3 October 2023, the UK’s Information Commissioner’s Office (ICO) published new guidance on workplace monitoring. The previous guidance was issued in 2011, as part of the ICO’s Employment Practices Code, and was badly in need of updating, given both the development of new monitoring technologies over the last 12 […]
China Loosens Cross-Border Data Transfer Controls
On September 28, 2023, the Cyberspace Administration of China (CAC) released draft Provisions on Regulating and Promoting Cross-Border Data Flows (see the Chinese version and the unofficial English translation) for public comments. The commenting period ends on October 15, 2023. While this draft is subject to change after the commenting […]
UK-US Data Bridge Gets Green Light
Closely following the establishment of the EU-US Data Privacy Framework (DPF) – see our July 2023 post – the UK has now agreed to an extension for the transfer of personal data from the UK to the US, known as the UK Extension to the EU-US Data Privacy Framework, or […]
Key Considerations for Form 8-K Cybersecurity Materiality Determinations
With 8-K reporting obligations for “material” cybersecurity incidents under the new Securities and Exchange Commission (SEC) rules becoming effective as of December 18, 2023, most companies will soon be tasked with making “real-time” materiality determinations following a cybersecurity incident. While the SEC has emphasized that the new Item 1.05 reporting […]
CFPB Announces Plans to Extend FCRA to Data Brokers through Rulemaking
At an August 15, 2023, White House roundtable, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra announced plans to issue rules that would extend the Fair Credit Reporting Act (FCRA) to certain “data broker practices.” This announcement and a concurrently issued fact sheet come on the heels of a March […]
United Kingdom: Injunctive Relief Against Persons Unknown – The Ransomware Edition
On 11 July 2023, the English High Court handed down its decision on the claimant’s application in Armstrong Watson LLP v. Persons Unknown, granting judgment in default and final injunctive relief. Specifically, the court granted the claimant permanent injunctive relief against persons unknown – a group of unidentified hackers – […]
Breached the GDPR? Calculate your own fine!
The General Data Protection Regulation (GDPR) is a difficult piece of legislation to comply with, and not meeting some of its requirements may lead to hefty fines of up to 4% of global annual revenues of the preceding year or 20 million euros, whichever is highest. Organisations may find it […]
China Issues Measures on Generative Artificial Intelligence Services
On July 13, 2023, the Cyberspace Administration of China (CAC) and six other Chinese government agencies jointly released the final version of the Interim Administrative Measures for Generative Artificial Intelligence Services (see the Chinese version here). These measures will enter into force on August 15, 2023. For background, the CAC […]