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Townsend Bourne is a partner in the Government Contracts, Investigations and International Trade Practice Group in the firm's Washington, D.C. office. She also is Leader of the firm’s Aerospace, Defense & Government Services Team.

Government contractors have until December 31 to implement security requirements from NIST Special Publication (SP) 800-171 (here) as mandated by the Defense Federal Acquisition Regulation Supplement (DFARS). The requirements include provisions for protecting Controlled Unclassified Information (CUI) (government sensitive but unclassified information; see the CUI Registry here) in nonfederal systems and compliance is expected soon to be required under civilian agency contracts through a forthcoming FAR case. How to implement these requirements has caused some confusion. In response, on November 28, 2017, NIST released its highly-anticipated draft publication providing assessment procedures.
Continue Reading NIST’s Highly-Anticipated Security Requirements Draft Impacts Government Contractors’ Treatment of CUI

Following up on yesterday’s blog about profiling and automated decision making, we now look at guidance on data protection impact assessment (DPIA). The same guidance we discussed also directs companies to conduct a DPIA where profiling or automated decision making results in the “systematic and extensive evaluation” of an individual and decisions are made based on that evaluation that could have legal effects.
Continue Reading Assessing GDPR Guidelines Part II: Data Impact Assessments

The Article 29 Data Protection Working Party recently issued guidelines on how to handle profiling and automated decision making under the General Data Protection Regulation. Under GDPR, “profiling” means the automated collection of personal information in order to evaluate personal aspects about an individual. For example, companies may use profiling to predict individuals’ spending habits, targeting ads to individuals based on their internet browsing history. 
Continue Reading Assessing GDPR Guidelines Part I: Profiling and Automated Decision Making

On May 11, President Donald Trump issued his long-awaited Executive Order on cybersecurity, the ‘‘Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.’’ It had been in the works since early in the administration, and its release had been announced (and drafts leaked) several times, only to be pulled back and reworked further. The Executive Order calls for a government-wide review and analysis of federal information technology infrastructure, including known risks and vulnerabilities, as well as consideration of the U.S.’s cybersecurity capabilities in relation to the rest of the world.
Continue Reading Presidential Executive Order on Cybersecurity: No More Antiquated IT