|State of the Union Address Places the President's Privacy and Cybersecurity Proposals Front and Center|
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
February 27, 2015, previously published on January 2015In his January 20, 2015, State of the Union Address, President Barack Obama notably focused on privacy and cybersecurity, stressing the urgent need for comprehensive legislation. He raised the specter of foreign nations and hackers shutting down American networks, stealing trade secrets, and...
|FINRA and SEC Issue Cybersecurity Reports Identifying Common Industry Practices|
Kyle T. Barrett, Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
February 26, 2015, previously published on February 2015New reports by the Financial Industry Regulatory Authority ("FINRA") and the SEC's Office of Compliance Inspections and Examinations ("OCIE") highlight the increased regulatory focus in the financial sector on cybersecurity. Both reports merit industry attention.
|President Obama Continues Push on Cybersecurity|
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
February 26, 2015, previously published on February 2015On February 13, 2015, President Obama spoke to attendees of the White House Summit on Cybersecurity and Consumer Protection held at Stanford University. Calling the digital world a "sort of Wild Wild West," Obama and many corporate representatives announced developments intended to...
|California Attorney General Calls for Greater Data Protection, and Recommends Adoption of Chip and Pin Payment Card Technology|
Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman, Olivia C. White; Jones Day;
November 12, 2014, previously published on October 2014Data breaches are on the rise-and so is government enforcement action and data breach litigation. Retailers are not the only ones at risk; data breaches are affecting a growing number of industries. In addition to recent privacy enforcement actions from the Federal Trade Commission and now the...
|California Adds More Teeth to Its Data Breach Notification Law|
Gabriel Ledeen, Michael G. Morgan, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
October 16, 2014, previously published on October 2014On September 30, 2014, California's Governor Brown signed A.B. 1710, a bill establishing new requirements under California's data breach notification statute. The new law adds three provisions to the existing statute, California Civil Code section 1798.81.5: (i) it prohibits the sale, advertisement...
|Attorney General's Office Issues "Do Not Track" Disclosure Guidelines|
Richard J. Johnson, Ka-on Li, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
June 11, 2014, previously published on June 2014The California Attorney General's Office recently issued a set of guidelines, titled "Making Your Privacy Practices Public" ("Guidelines"), designed to help companies develop "meaningful" privacy policies that provide transparency, accountability, and choice for online...
|The Heartbleed Bug: Data Breach and Liability Risks|
Richard J. Johnson, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
April 24, 2014, previously published on April 2014It seems that every other day we learn about a new data security threat or compromise. The so-called "heartbleed bug," or CVE-2014-0160 for those technically inclined, is the latest reported data security vulnerability, and it requires an immediate and swift response. The bug was recently...
|Landmark Decision Confirms FTC Authority to Regulate Privacy and Data Security|
Richard J. Johnson, Mark Mansour, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
April 15, 2014, previously published on April 2014In FTC v. Wyndham Worldwide Corp., No 13-1887, 2014 U.S. Dist. LEXIS 47622 (D.N.J. Apr. 7, 2014)—a case closely watched by privacy and data security professionals across the United States—a federal district court held that the Federal Trade Commission ("FTC") has authority...
|Italian Appeals Court Overturns Google Privacy Convictions|
Amir Q. Amiri, Stefano Macchi di Cellere, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
March 21, 2013, previously published on March 2013The appellate court in Milan recently published its decision overturning the conviction of three Google executives on charges of Unlawful Data Processing in violation of Article 167 of the Italian Privacy Code. The executives—who were high-level business and legal officers—were given...