Attorney General Rokita on the possibility of a federal privacy law, Indiana’s breach notification law, and regulating data brokers

In the June edition of IAPP’s Privacy Advisor, Divonne Smoyer and Roger Gibboni talk to Indiana State Attorney General Todd Rokita on the possibility of Congress passing a federal privacy law, Indiana’s different approaches to data privacy and protection, and its recent announcement that the state was joining Washington, Texas, and D.C. in an enforcement action over “Dark patterns.” The Indiana Attorney General’s office is a privacy heavyweight and his perspectives are particularly valuable.

The fourth anniversary of the GDPR: How the GDPR has had a domino effect

Four years ago, the General Data Protection Regulation (“GDPR”) came into force in the EU. Since then, the GDPR has had a domino effect, as many countries in the world have used it as a model to shape their own rules on the handling of personal data. Given the rapid changes in data protection legislation around the world, legal and compliance teams of multinational organisations are under pressure to keep up with such developments as they continuously adapt their compliance programs in response.

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Only Sheriff in Town? Not so fast: National Association of Attorneys General announces the formation of the Center on Cyber and Technology.

With the continued rapid growth of both technological innovations and the market power of the companies spurring these innovations, calls for greater regulation and enforcement of companies in the technology sector are only growing louder. However, the same question continues to be asked – “how can governments regulate businesses they don’t fully understand?”

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UK regulators publish two discussion papers on algorithmic systems

On 28 April 2022, the UK Digital Regulation Cooperation Forum (DRCF) published two discussion papers on the benefits and harms of algorithms and on the landscape of algorithmic auditing and the role of regulators, respectively.

About DRCF

The DRCF consists of four UK regulators: the Competition and Markets Authority, Ofcom, the Information Commissioner’s Office and the Financial Conduct Authority, to support regulatory cooperation in digital markets.

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Department for Digital, Culture, Media and Sport launches consultation on app security

On 4 May 2022, the Department for Digital, Culture, Media and Sport (DCMS) launched a consultation (available here) to request views from the tech industry on potential interventions to enhance security and privacy requirements for firms running app stores and developers making apps.

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CafePress FTC settlement signals future approach to enforcement actions

On March 15, 2022, the Federal Trade Commission (“FTC”) issued a proposed settlement with online custom merchandise platform CafePress in connection with the company’s alleged: (1) failure to implement reasonable security measures to secure consumers’ Personal Information; and (2) attempt to cover up a significant 2019 data breach. The proposed settlement would require CafePress to implement a comprehensive data security program and pay $500,000 in redress to victims of the data breaches. The FTC’s Complaint alleges that CafePress misrepresented its security practices and unfairly failed to implement reasonable security measures to protect the Personal Information of consumers and merchants stored on the company’s systems. Although similar in content to previous FTC orders, the current order addresses a myriad of unique provisions and provides a glimpse into the FTC’s future enforcement of cybersecurity issues.

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European Commission adopts two proposals for cybersecurity and information security regulations

On 22 March 2022, the European Commission (“EC”) adopted two new proposals for a Cybersecurity Regulation and an Information Security Regulation (available here and here). These regulations aim to set common priorities and frameworks in order to further strengthen inter-institutional co-operation, minimise risk exposure and further strengthen the EU security culture.

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Kids’ Smart Watchmaker Updates Privacy Practices at Safe Harbor’s Direction

On March 8th, the Children’s Advertising Review Unit (“CARU”), a FTC-approved safe harbor organization that monitors compliance with the Children’s Online Privacy Protection Act (“COPPA”), announced it had found TickTalkTickTalk––a children’s smart watchmaker and one of CARU’s member organizations—in violation of COPPA and CARU’s privacy guidelines.

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Time to change to the new EU and UK Standard Contractual Clauses (SCCs)

As you might know, the new EU SCCs were published last year. The UK has now issued new templates for data transfers that can be used from 21 March 2022. With the UK templates confirmed and available, many multinational organisations with presence in the EU and the UK are gearing up to transition their contracts to the new templates. There are some deadlines to be aware of, which you will find in the ‘key dates to note’ section below.

The main agreements that organisations will need to focus on as part of their transition programme are:

  • template agreements with customers and vendors on processing personal data;
  • existing agreements with customers and vendors; and
  • existing agreements within the group companies.

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Iowa Attorney General Tom Miller on the latest on consumer protection, emerging technologies and data privacy

In the latest edition of the IAPP Privacy Advisor, Divonne Smoyer and Roger Gibboni talk with Iowa Attorney General (AG) Tom Miller on the latest issues surrounding emerging technology, data privacy and consumer protection. As the longest serving state AG in U.S. history and the President of the National Association of Attorneys General, AG Miller brings a unique perspective on the role of U.S. states in privacy and data protection. Read the IAPP Privacy Advisor article here.

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