Author

Brian Hengesbaugh

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On February 28, President Biden issued Executive Order 14117 (the EO) directing the US Attorney General and other agencies to promulgate regulations that restrict and, in some cases, prohibit transactions that might involve the sharing of sensitive personal data and government-related data with “countries of concern” (currently China, including Hong Kong and Macau, Russia, Iran, North Korea, Cuba, and Venezuela). In tandem, the Department of Justice (DoJ) issued an Advance Notice of Proposed Rulemaking (ANPRM)…

On January 18, 2024, the New Hampshire legislature passed SB255, making the Granite State the 14th US state to pass a consumer privacy law—and the second state to do so in January. Following enrolment—a formality to excise clerical errors—the bill will move to Governor Chris Sununu’s desk for final enactment. If it becomes law, SB255 will go into effect on January 1, 2025, giving businesses less than one year to ensure compliance with the new…

28 January 2024 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. Data Privacy Day encourages the global community to think about the importance of respecting privacy, safeguarding data, and enabling trust. In an increasingly connected and digitized world, where data protection, privacy and cybersecurity regulation are rapidly evolving, the work of the global data community is more vital, and more challenging,…

Sending a clear message, the Federal Trade Commission (FTC) announced the settlement of two separate enforcement actions against data brokers for selling precise location data that may be used to reveal sensitive information. On January 9, the FTC settled with Outlogic, LLC (formerly X-Mode Social) over allegations that it failed to obtain meaningful consent from consumers before collecting and selling data that could be used to track visits to sensitive locations like clinics and places of…

On January 7, 2024, China’s Cyberspace Administration (“CAC”) closed the public consultation period for its new cybersecurity incident reporting rules, which were released in December. If the draft rules are adopted as written, companies would be required to report certain cybersecurity incidents to the relevant Chinese regulator within one hour. The relevant regulator depends on the nature of the IT system compromised, the industry, and other factors and may be the local CAC, the public…

New Jersey is the 13th US State to Pass Comprehensive Consumer Privacy Legislation Consistent with our prediction that 2024 will bring a significant crop of new state consumer privacy laws, the New Jersey legislature recently became the 13th state to pass a comprehensive privacy statute. On January 8—the final day of its 2022-2023 legislative session—the Senate passed bill S332. Once enacted—either with Governor Phil Murphy signing the bill or after 45 days if he takes…

In the classic movie “The Wizard of Oz,” Dorothy, Scarecrow and Tinman walk through the forest while expressing great concern about the “lions and tigers and bears, oh my!” they may face on their journey to Oz. Companies experiencing global ransomware and cyberattacks can experience similar emotions as they grapple with increasingly complex global legal risks. Across the globe, local legislatures and regulatory authorities have established a multitude of different and sometimes conflicting legal obligations…

On December 21, 2023 the Federal Communications Commission (FCC) issued updates to its Data Breach Notification Rule, which applies to telecommunications carriers, as well as to voice over internet protocol (VoIP) and telecommunications relay service (TRS) providers. The updated Data Breach Notification Rule marks the most significant changes to the Rule since its adoption 16 years ago and modernizes the FCC requirements by bringing them more closely in line with other breach reporting obligations. The…

This past year brought the rapid rise of ChatGPT and other generative AI platforms, accompanied by several noteworthy legal and regulatory developments. 2024 promises to continue with technology advances, making it a pivotal year for businesses navigating global data privacy and cybersecurity risks. Our Baker McKenzie Top 10 predictions for 2024 follow. AI-enhanced cyber threats will increase globally. Threat actors will continue to leverage AI for increasingly sophisticated attacks, exploiting new technologies to enable highly-personalized…

In a month already full of activity with respect to regulation of artificial intelligence (AI) globally, the U.S. Federal Trade Commission (FTC) has continued to assert its role in regulating AI in the US. On November 21, 2023, FTC commissioners unanimously resolved to streamline the FTC’s ability to issue civil investigative demands (CIDs) regarding AI in products and services. FTC staff may now more easily compel release of documents, information, and testimony as part of…