PRIVACY + SECURITY BLOG

News, Developments, and Insights

California Privacy Law for the World: An Interview with Lothar Determann

For the first half of 2018, all eyes were focused eastward on the EU with the start of GDPR enforcement this May. Now, all eyes are shifting westward based on a bold new law passed by California. By January 1, 2020, companies around the world will have to comply with additional regulations related to the […]

Cartoon: GDPR Data Portability

This cartoon is about the GDPR’s right to data portability under Article 20.  This right allows data subjects to take their data from one organization and transfer it easily to other organizations. Pursuant to the GDPR Article 20: 1. The data subject shall have the right to receive the personal data concerning him or her, […]

Carpenter v. United States, Cell Phone Location Records, and the Third Party Doctrine

The U.S. Supreme Court recently issued a decision in Carpenter v. United States, an important Fourth Amendment case that was eagerly awaited by many. The decision was widely cheered as a breakthrough in Fourth Amendment jurisprudence — hailed as a “landmark privacy case” and a “major victory for digital privacy [link no longer available].”  In the NY […]

The California Consumer Privacy Act of 2018

In the period of just a week, California passed a bold new privacy law — the California Consumer Privacy Act of 2018.  This law was hurried through the legislative process to avoid a proposed ballot initiative with the same name.  The ballot initiative was the creation of Alastair Mactaggart, a real estate developer who spent […]

Cartoon: Data Localization

This cartoon is based on a fairly recent trend – countries that are requiring data localization.  Data localization involves requirements that personal data collected in a certain country reside on servers within that country’s borders. Here are some articles on data localization worth looking at: • Bret Cohen, Britanie Hall, and Charlie Wood, Data Localization […]

Did the LabMD Case Weaken the FTC’s Approach to Data Security?

Co-Authored by Prof. Woodrow Hartzog On Wednesday, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision in LabMD’s challenge to an FTC enforcement action: LabMD, Inc. v. Federal Trade Commission (11th Cir. June 6, 2018). While there is some concern that the opinion will undermine the FTC’s power to enforce Section 5 […]

Cartoon: GDPR Superhero

For global organizations as well as organizations in the EU, the GDPR has brought significant attention and resources to privacy.  Finally, many executives are beginning to take privacy seriously.  As I recently wrote in my article, Prime Time for Privacy, at Bloomberg Law: The GDPR has taken privacy to the next level. Before the GDPR, nothing […]

Cartoon: GDPR Change in Privacy Notices

In the past few weeks, with enforcement of the General Data Protection Regulation (GDPR) beginning on May 25, countless organizations launched emails and pop up notices about changes in their privacy notices in light of GDPR.  This cartoon pokes a little fun at the blizzard of changed privacy notice notices.

Cartoon: Devils of Data Security

I hope you enjoy my latest cartoon about data security — a twist on the angel on one shoulder and devil on the other.  Humans are the weakest link for data security.  Attempts to control people with surveillance or lots of technological restrictions often backfire.  I believe that the most effective solution is to train […]

Cartoon: The Post-GDPR World

This is a momentous week.  On Friday, May 25, 2018, the General Data Protection Regulation (GDPR) will begin being enforced. Organizations are racing against the clock to be prepared.  What will the day look like when the sun rises on May 25?