U.S. companies are in a bind in the wake of the recent EU decision rejecting the validity of the Privacy Shield. While it is clear that the EU will not accept Privacy Shield participation as a basis for transferring data from the EU to the U.S., next steps for participants are unfortunately not clear cut. U.S. companies who participate in the Shield program face two decisions: (1) whether to continue participation in the Privacy Shield program and (2) what mechanism to rely on for data transfers from the EU to the U.S.
Continue Reading How to Rise from the Privacy Shield Ashes: A View from the U.S.

NIST recently released the final public draft of SP 800-172, Enhanced Security Requirements for Protecting Controlled Unclassified Information: A Supplement to NIST Special Publication 800-171 (formerly Draft NIST SP 800-171B). NIST is proposing additional security requirements for certain CUI in non-federal systems that is associated with critical programs or high value assets and is soliciting public comments through August 21, 2020.
Continue Reading NIST Proposes Draft Enhanced Security Requirements for Protecting CUI

On July 16, 2020, in the case colloquially known as “Schrems II,” the Court of Justice of the European Union (CJEU) struck down the EU-US Privacy Shield, finding it an invalid mechanism for transferring data from the EU to the US. The CJEU concluded that the Standard Contractual Clauses (SCCs) are valid for the transfer of personal data outside the EU (which would include transfers to the US), with certain conditions.
Continue Reading CJEU Invalidates Privacy Shield, But Upholds SCCs with Conditions

HyperBeard, the makers of several children’s mobile apps (including KleptoCats), recently settled with the FTC over failure to obtain verifiable parental consent before collecting children’s personal information online, in violation of COPPA. In its complaint, the FTC argued that the HyperBeard apps were clearly directed to children. The apps contained brightly-colored animated characters, kid-friendly language, games that were easy to play, and were promoted on kids’ websites and publications.
Continue Reading KleptoCats Maker Settles with FTC Over Failure to Get Parental Consent

As a part of its Cybersecurity for IoT Program, NIST recently released two publications with the goal of providing cybersecurity guidance and best practices specific for companies manufacturing IoT devices. These publications were developed as a part of NIST’s implementation of the 2017 Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. With these publications, NIST provides a set of recommended activities that manufacturers should consider to improve the securability of IoT devices, as well as a baseline level of security requirements for these devices.

Continue Reading NIST Releases Cybersecurity Guidance for Manufacturers of IoT Devices

On June 1, 2020, the California AG submitted the final text of the proposed CCPA regulations to the Office of Administrative Law (OAL). There were no changes to the final text from the last version released in March, which we previously summarized here.
Continue Reading Final Draft CCPA Regulations Submitted, Effective Date Unclear

On Friday, May 29, the Cybersecurity and Infrastructure Security Agency (CISA) issued the first in a series of six Cyber Essentials Toolkits.  These toolkits are described as “bite-sized actions for IT and C-suite leadership to work toward full implementation of each Cyber Essential,” focused on building a company’s cyber readiness.
Continue Reading CISA Issues First Installment of Cyber Essentials

The Seventh Circuit has recently ruled that plaintiffs have standing to enforce the Illinois Biometric Information Privacy Act’s informed consent requirements in federal court. As we have written before, , BIPA regulates the collection, use, and retention of a person’s biometric information, e.g., fingerprints, face scans, etc. For years, federal trial courts have been split on whether a violation of BIPA’s informed consent provision is alone sufficient to confer Article III standing. . The decision in Bryant v. Compass Group USA, Inc., — F.3d —-, 2020 WL 2121463 (7th Cir. May 5, 2020) removes that uncertainty and will drastically change the landscape of BIPA litigation going forward.
Continue Reading Seventh Circuit Issues Landmark BIPA Decision