Archives: Privacy & Data Security

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Centre for Data Ethics and Innovation publishes final report on “online targeting”

By Dan Cooper, Paul Maynard and Jonathan Benjamin on Posted in Centre for Data Ethics and Innovation, Data, Emerging Technologies, Ethics, Online Targeting, Privacy & Data Security, United Kingdom
On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience. In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on … Continue Reading

U.S. AI and IoT Quarterly Legislative Update: Fourth Quarter 2019

By U.S. AI and IoT Legislative Tracking Team on Posted in Artificial Intelligence (AI), Autonomous Vehicles, Congress, Cybersecurity, Emerging Technologies, Internet of Things (IoT), Privacy & Data Security, Spectrum & Mobile
U.S. federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the fourth quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our fourth AI … Continue Reading

IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)

By Jake Levine and Rebecca Yergin on Posted in Autonomous Vehicles, Innovation, Internet of Things (IoT), Privacy & Data Security, Spectrum & Mobile
This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary of Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.”  Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more … Continue Reading

New E-Privacy Proposal on the Horizon?

By Lisa Peets, Paul Maynard and Sam Jungyun Choi on Posted in Data, European Union, Privacy & Data Security
On December 3, 2019, the EU’s new Commissioner for the Internal Market, Thierry Breton, suggested a change of approach to the proposed e-Privacy Regulation may be necessary.  At a meeting of the Telecoms Council, Breton indicated that the Commission would likely develop a new proposal, following the Council’s rejection of a compromise text on November … Continue Reading

AI/IoT Update: UK’s Information Commissioner issues opinion on use of live facial recognition technology by police forces

By Sam Jungyun Choi on Posted in Emerging Technologies, Privacy & Data Security, United Kingdom
On October 31, 2019, Elizabeth Denham, the UK’s Information Commissioner issued an Opinion and an accompanying blog urging police forces to slow down adoption of live facial recognition technology and take steps to justify its use.  The Commissioner calls on the UK government to introduce a statutory binding code of practice on the use of … Continue Reading

IoT Update: NIST Seeks Public Comment on Security Review of Smart Home IoT Devices

By Micaela McMurrough on Posted in Internet of Things (IoT), Privacy & Data Security
Earlier this month the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its Draft NISTIR 8267, Security Review of Consumer Home Internet of Things (IoT) Products, for public comment. NIST will accept public comments on the report through November 1, 2019.… Continue Reading

AI and IoT Legislative Developments: Third Quarter 2019

By U.S. AI and IoT Legislative Tracking Team on Posted in Artificial Intelligence (AI), Autonomous Vehicles, Congress, Cybersecurity, Internet of Things (IoT), Privacy & Data Security
Federal policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the third quarter of 2019, including by introducing substantive bills that would regulate the use of such technology and by supporting bills aimed at further study of how such technology may impact different sectors. In our third AI & … Continue Reading

European Parliament Publishes Study on Blockchain and the GDPR

By Dan Cooper and Gemma Nash on Posted in European Union, General Data Protection Regulation, Privacy & Data Security
On July 24, 2019, the European Parliament published a study entitled “Blockchain and the General Data Protection Regulation: Can distributed ledgers be squared with European data protection law?”  The study explores the tension between blockchain technology and compliance with the General Data Protection Regulation (the “GDPR”), the EU’s data protection law.  The study also explores how blockchain … Continue Reading

CJEU rules that Facebook and website operators are joint controllers if the website embeds Facebook’s “Like” button

By Dan Cooper, Sam Jungyun Choi and Anna Oberschelp de Meneses on Posted in Data, European Union, General Data Protection Regulation, Privacy & Data Security, Social Media
On July 29, 2019, the Court of Justice of the European Union (“CJEU”) handed down its judgment in the Fashion ID case (Case C-40/17).   The CJEU found that when a website operator embeds Facebook’s “Like” button on its website, Facebook and the website operator become joint controllers. The case clarifies the relationship between website operators … Continue Reading

ICO Launches Public Consultation on New Data Sharing Code of Practice

By Dan Cooper, Sam Jungyun Choi and Nicholas Shepherd on Posted in Data, General Data Protection Regulation, Privacy & Data Security, United Kingdom
On July 16, 2019, the UK’s Information Commissioner’s Office (“ICO”) released a new draft Data sharing code of practice (“draft Code”), which provides practical guidance for organizations on how to share personal data in a manner that complies with data protection laws.  The draft Code focuses on the sharing of personal data between controllers, with a section referring … Continue Reading

AI and IoT Legislative Update: Second Quarter 2019

By U.S. AI and IoT Legislative Tracking Team on Posted in Artificial Intelligence (AI), Autonomous Vehicles, Internet of Things (IoT), Privacy & Data Security
Federal and state policymakers continued to focus on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the second quarter of 2019, including by introducing both substantive measures that would regulate the use of the technology and by supporting funding bills aimed at increasing investment. In our second AI & IoT Quarterly Legislative Update, … Continue Reading

AI and IoT Legislative Developments: First Quarter 2019

By U.S. AI and IoT Legislative Tracking Team on Posted in Artificial Intelligence (AI), Autonomous Vehicles, Internet of Things (IoT), Privacy & Data Security
Federal and state policymakers introduced a range of new measures on artificial intelligence (“AI”) and the Internet of Things (“IoT”) in the first quarter of 2019. In our initial AI & IoT Quarterly Legislative Update, we detail the notable legislative events from this quarter on AI, IoT, cybersecurity as it relates to AI and IoT, … Continue Reading

IoT Update: EU Commission Issues Recommendation on Cybersecurity in the Energy Sector

By Mark Young on Posted in Data, Emerging Technologies, Internet of Things (IoT), Privacy & Data Security
The European Commission (“Commission”) has published a Recommendation on cybersecurity in the energy sector (“Recommendation”). The Recommendation builds on recent EU legislation in this area, including the NIS Directive and EU Cybersecurity Act (see our posts here and here). It sets out guidance to achieve a higher level of cybersecurity taking into account specific characteristics … Continue Reading

EDPB Begins Consultation on New Guidelines on Use of the “Performance of a Contract” GDPR Legal Basis by Online Services

By Inside Tech Media on Posted in Consultation, Data, European Data Protection Board, Privacy & Data Security
On 9 April 2019, the European Data Protection Board (“EDPB”) adopted new guidelines “on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects.” In general, the GDPR requires that processing of personal data be justified under a legal basis in Article 6 GDPR.  … Continue Reading

ICO opens beta phase of privacy “regulatory sandbox”

By Sam Jungyun Choi on Posted in Artificial Intelligence (AI), Cloud Computing, Data, Internet of Things (IoT), Privacy & Data Security
On 29 March 2019, the ICO opened the beta phase of the “regulatory sandbox” scheme (the “Sandbox”), which is a new service designed to support organizations that are developing innovative and beneficial projects that use personal data.  The application process for participating in the Sandbox is now open, and applications must be submitted to the … Continue Reading

IoT Update: How Smart Cities and Connected Cars May Benefit from Each Other

By Brooke Kahn, Thomas Parisi and Gregory Discher on Posted in Autonomous Vehicles, Innovation, Internet of Things (IoT), Privacy & Data Security
Innovative leaders worldwide are investing in technologies to transform their cities into smart cities—environments in which data collection and analysis is utilized to manage assets and resources efficiently.  Smart city technologies can improve safety, manage traffic and transportation systems, and save energy, as we discussed in a previous post.  One important aspect of a successful … Continue Reading

Senate Reintroduces IoT Cybersecurity Improvement Act

By Micha Nandaraj Gallo on Posted in Internet of Things (IoT), Privacy & Data Security
On March 11, 2019, a bipartisan group of lawmakers including Sen. Mark Warner and Sen. Cory Gardner introduced the Internet of Things (IoT) Cybersecurity Improvement Act of 2019. The Act seeks “[t]o leverage Federal Government procurement power to encourage increased cybersecurity for Internet of Things devices.” In other words, this bill aims to shore up … Continue Reading

IoT Update: Covington Hosts First Webinar on Connected and Automated Vehicles

By Rebecca Yergin on Posted in Autonomous Vehicles, Innovation, Internet of Things (IoT), Privacy & Data Security
On February 27, 2019, Covington hosted its first webinar in a series on connected and automated vehicles (“CAVs”).  During the webinar, which is available here, Covington’s regulatory and public policy experts covered the current state of play in U.S. law and regulations relating to CAVs.  In particular, Covington’s experts focused on relevant developments in: (1) … Continue Reading

IoT Update: Covington to Host Webinar on Connected and Automated Vehicles

By Rebecca Yergin on Posted in Autonomous Vehicles, Innovation, Internet of Things (IoT), Privacy & Data Security
One week from today, Covington will host its first webinar in a series on connected and automated vehicles (“CAVs”).  The webinar will take place on February 27 from 12 to 1 p.m. Eastern Time. During the webinar, Covington’s regulatory and legislative experts will cover developments in U.S. law and regulations relating to CAVs. Those topics … Continue Reading

AI Update: President Trump Signs Executive Order on Artificial Intelligence

By Jadzia Pierce and B.J. Altvater on Posted in Artificial Intelligence (AI), Privacy & Data Security
Today, President Trump signed an Executive Order (“EO”), “Maintaining American Leadership in Artificial Intelligence,” that launches a coordinated federal government strategy for Artificial Intelligence (the “AI Initiative”).  Among other things, the AI Initiative aims to solidify American leadership in AI by empowering federal agencies to drive breakthroughs in AI research and development (“R&D”) (including by … Continue Reading

NIST Seeks Comment on Security for IoT Sensor Networks

By Inside Tech Media on Posted in Data, Internet of Things (IoT), Privacy & Data Security
The National Institute of Standards and Technology (“NIST”) is seeking comments on its draft project on securing sensor networks for the Internet of Things (“IoT”). Organizations and individuals concerned with the security of IoT sensor networks are invited to comment on the draft through March 18, 2019. Sensor networks are integral parts of many modern … Continue Reading

IoT Update: Who’s at the Wheel? Connected and Automated Vehicles Stakeholders Weigh In from the Mcity Congress

By Jake Levine, Suzanne Bell, Brandon Palmen, Sarah Wilson, Jennifer Johnson and John Buchanan on Posted in Artificial Intelligence (AI), Autonomous Vehicles, Internet of Things (IoT), Privacy & Data Security, Spectrum & Mobile, Telecommunications
Last week, Covington dispatched a team of connected and automated vehicles (“CAV”) practitioners to participate in the Mcity Congress, in Ann Arbor, Michigan.  Lawyers from our Technology and IP Transactions, Public Policy, Product Safety and Liability, and Insurance practice groups presented a series of observations and insights around mitigating liability in the CAV industry, and … Continue Reading

IoT Update: The UK publishes a final version of its Code of Practice for Consumer IoT Security

By Grace Kim and Siobhan L.M. Kahmann on Posted in Internet of Things (IoT), Privacy & Data Security
Following an informal consultation earlier this year – as covered by our previous IoT Update here – the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) published the final version of its Code of Practice for Consumer IoT Security (“Code”) on Oct. 14, 2018. This was developed by the DCMS in conjunction with the … Continue Reading

IoT and AI Update: California Legislature Passes Bills on Internet of Things, Artificial Intelligence, and Chatbots

By Ani Gevorkian and Jadzia Pierce on Posted in Artificial Intelligence (AI), Internet of Things (IoT), Privacy & Data Security
The California legislature recently passed three bills meant to address rapidly-developing technologies including the Internet of Things, artificial intelligence (AI), and chatbots. Internet of Things. At the end of August, California became the first state to promulgate regulations requiring security features for Internet-connected devices. Senate Bill 327 requires that a manufacturer of a connected device … Continue Reading
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