I recently got back from the IAPP Global Privacy Summit (the “Summit”), the world’s largest meeting of privacy professionals from around the world.  The Summit always serves as a great opportunity to network and learn from colleagues, thought leaders, and regulators working in this important area of business, technology, and law.  With that in mind, I want to share some reflections and themes from this year’s Summit. Continue Reading 2022 Global Privacy Summit: Reflections and Take-Aways

The CCPA has been up and running for a couple of years now, with changes coming in 2023 with the amendments from the Consumer Privacy Rights Act (CPRA).  While a federal law is always being teased and
other states coming online in 2023
, California remains the state privacy law by which to assess and manage compliance when processing personal data.

So, as you might imagine, loads of questions and anxiety over the country’s most comprehensive state privacy regulation continue to keep us busy.  This prompted us to provide a simple 3-step process to determine if the law applies to your business (now, in 2023, or beyond), what you need to do to meet the law’s requirements, and how to begin considering a national approach to data privacy governance.  While no summary can capture every aspect of developing a compliance plan, we hope the following resources are helpful in getting your arms around managing privacy and meeting the (applicable) requirements of the California laws. Continue Reading Breaking Down the California Consumer Privacy Act (CCPA)

Whether you are an attorney advising clients, a medical professional treating patients via telemedicine, or anyone else working remotely, your second workplace or office might be providing more than just convenience. If you have a smart home device, such as one of the many varieties now available from companies like Google (Home/Nest), Amazon (Alexa), Microsoft (Cortana), or Apple (Siri), your remote work discussions (and conversations in general) may be less private than you realize. While convenient and sometimes helpful, these devices might be creating a record of more than your favorite songs and compromising your patient’s, client’s, or company’s confidential information. Continue Reading Smart Devices: Convenient, Helpful, Fun. Oh Yeah, and Possibly Breaching Confidentiality.

Taft’s Privacy and Data Security Practice is pleased to
announce our mobile application is now live and available for download.  As we shared on International Privacy Day, (I am sure we are all still recovering from that celebration), we wanted to make available an easy-to-use app for you to quickly:

  • Stay up-to-date on data security and privacy news, developments, and events.
  • Get daily tips on privacy and security compliance and best practices.
  • Access content from Taft’s Privacy and Data Security attorneys, including helpful checklists and other resources.
  • Search for Taft Privacy and Data Security attorneys and easily contact our team.

Our free app is available for both iOS (Apple) and Android (Samsung), select the one you need below:

Download our app today and stay up to speed. And, of course, we always welcome feedback or suggestions on ways to make the app better and find more ways to share relevant and timely information in this quickly evolving area of law and technology

In March, 2022, President Joe Biden signed the Strengthening American Cybersecurity Act (the “Act”) into law. While the Act consists of various regulations, the security incident reporting requirements for entities in critical infrastructure sectors are getting the most attention. Although the reporting requirements are focused mainly on entities in critical infrastructure, there is potential that entities in various industries could be subject to these requirements. Continue Reading Strengthening American Cybersecurity Act of 2022

This week, the new rules for personal data transfers to countries outside the United Kingdom (“UK”) went into effect. As of March 21, 2022, businesses transferring personal data from the UK to countries outside the European Economic Area (“EEA”) need to analyze their data flows and update their agreements involving data transfer practices to reflect the UK Data Protection Authority’s (“ICO”) new standard contractual clauses.

Under both the European Union’s General Data Protection Regulation (“GDPR”) and the UK Data Protection Act 2018, businesses are required to implement certain safeguards when transferring personal data outside the UK to countries “without an adequate level of data protection.” Standard contractual clauses (“SCCs”) are largely used to validate these types of transfers in the European Union as permitted under GDPR. However, following the “Brexit” transition period that concluded on December 31, 2020, GDPR no longer applied to the UK. Further, when the European Union revised SCCs in June 2021, the changes did not apply in the UK, and companies were left with confusion on how to effectuate personal data transfers outside the UK. Continue Reading New Personal Data Transfers out of the UK: Like the GDPR, but Different

California continues to be at the forefront of data protection in the United States. In February 2022, multiple privacy bills were introduced in the California legislature’s current session. The privacy bills seek to amend and enhance the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), in regards to employee and business-to-business personal information exemptions and also personal information collected by proctors in an educational setting.

Extension to Employee and Business-to-Business Exemptions. Currently, the CPRA provides exemptions to employee personal information and the personal information that is collected in a business-to-business transaction. This exemption expires on January 1, 2023. Two bills were introduced to extend the exemptions. AB 2871 would extend the exemptions indefinitely by removing the sunset date altogether. AB 2891, however, would extend the exemptions to January 1, 2026. Continue Reading California Privacy Update: Various Privacy Bills Introduced to the State’s Legislature

Could Utah join it’s mountain neighbor Colorado and be the latest state to adopt a comprehensive data privacy law? On March 4, the Utah Senate unanimously passed Senate Bill (SB) 227 – the Utah Consumer Privacy Act (UCPA). It is now up to Utah’s Governor, Spencer Cox, to sign the bill into law – making Utah the fourth state (following California, Virginia and Colorado) to pass a data privacy law and join the ever-growing privacy party.

Introduced in February 2022, SB 227 sets forth several consumer data protection standards, including Utah consumers’ rights to their personal data, the responsibilities on businesses (called “controllers” and “processors”) to protect such data, and the authority of the Utah Attorney General to investigate and enforce violations of the new law. If the bill is passed, the law will go into effect on December 31, 2023. Continue Reading Utah Legislature Advances Data Privacy Bill

With March’s arrival and spring around the corner, now it is the perfect time to start getting in shape for the changing privacy law landscape in the United States.  As we have written in the past year, three states will be implementing new or updates to privacy laws in their respective jurisdictions:

To help you get started, we have put together a simple chart showing a high level comparison of the laws.  Additionally, in the coming days and weeks we will be posting additional information on how to assess and meet the expanding requirements of the CCPA/CPRA. Every data governance plan is business-specific and you should always consult legal counsel on which laws apply to your company.  However, we definitely recommend considering adopting a nation-wide strategy to address how your company processes the personal information of its customers, employees and business contacts. Stay tuned to Taft Privacy and Data Security Insights for more information and tools to help you plan your data governance strategy.

Before 2018, no state in the US had its own data privacy law. Since 2018, California, Virginia (effective January 1, 2023), and Colorado (effective July 1, 2023) have all enacted their own data privacy laws, seeking to protect consumers by giving them control over their personal information. Recently, Ohio introduced House Bill 376, “The Ohio Personal Privacy Act,” in July 2021, which does not have an effective date at this time. Now, Indiana has introduced Senate Bill 358 and is ready to join the ever-growing Privacy Party.

Introduced in January 2022, Senate Bill 358 sets forth numerous consumer data protection standards, including Indiana consumers’ rights to their personal data, the responsibilities on businesses and service providers (called “controllers” and “processors,” respectively) to protect such data, and the authority of the Indiana Attorney General to investigate and enforce violations of the new law. If the bill is passed, it will go into effect on January 1, 2025.

Continue Reading Indiana Joins the Privacy Party by Introducing its Own Data Privacy Bill