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Data Privacy & Security

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Our Labor and Employment, Global Immigration and Mobility, and Data Privacy lawyers discuss vaccine passports — what they are, how countries are already using them domestically and for international travelers, data privacy concerns related to the use of digital health documentation, and what employers should keep top-of-mind as vaccine passports become more common. Click here to watch Our Labor and Employment blog, The Employer Report, complements our video series, providing written legal updates on reopening and other hot topics.…

*Article originally posted on IAPP.org* We are all hopeful the U.S. government can reach an agreement with the European Commission and other EU authorities on a so-called “Privacy Shield 2.0” in the near term. Such an updated arrangement is essential to provide certainty to trans-Atlantic business and assure a high level of protection for personal data transfers. But what’s next? Over recent years, we have witnessed the Court of Justice of the European Union invalidate…

In the wake of “Schrems II,” the future of data transfers is on shaky ground. True, the Biden administration has demonstrated that it is taking trans-Atlantic data flows seriously after appointing Christopher Hoff, CIPP/E, CIPP/US, CIPM, in January, not long after Joe Biden was inaugurated. And though both the US Department of Commerce and European Commission are working together in earnest, short of changing its national security laws, what else can be done to prevent another…

The roller coaster of comprehensive state data privacy laws continues in earnest.  California has now double dipped: first with the California Consumer Privacy Act (CCPA) and second with the California Privacy Rights Act (CPRA).  With all eyes on New York, Washington State, and other potential early movers for more state legislation, Virginia has surprised the nation by coming out very quickly with its own version of comprehensive privacy law, which Governor Ralph Northam signed into…

In this Mobility Minute, immigration attorney Matthew Gorman and data privacy attorney Cristina Messerschmidt team up to examine the issue of data privacy, or lack thereof, at US ports of entry, including international airports. We will review a recent court decision that appears to further minimize protections for travelers entering the United States, as well as consider what can be done to protect sensitive data, if anything, and how a potential COVID vaccination chip and…

Florida’s governor, Ron DeSantis, and the speaker of the state’s house of representatives, Chris Sprowls, each recently highlighted proposed new privacy legislation in Florida that resembles the California Consumer Privacy Act (CCPA). This has landscape-changing potential, as House Bill 969 is the first CCPA-like proposal endorsed by a Republican governor. The bill the governor and speaker lauded was filed on February 15th, and if passed would become effective on January 1, 2022. Application/Exceptions House Bill…

Bradford Newman joins Brian Hengesbaugh to cover the latest in the use of artificial intelligence in hiring and recruiting. Listen to hear: how the use of AI in hiring and recruiting can open companies up to new liabilitieswhat the December 8th letter to the EEOC on AI hiring tools reveals about potential scrutiny of these tools under the Biden administrationBrad’s suggestions for companies using or considering using AI-powered hiring tools https://open.spotify.com/episode/5Zf6CrTGQlNkbGqu8Ueqpo?si=umGbTj_2TeuQl705QJrsJg For more AI topics,…

The Empire State is making waves in the world of privacy with the introduction of its own version of the now infamous California Consumer Privacy Act (CCPA).  SB 567, which was introduced on January 6, 2021, is New York’s attempt to introduce new consumer rights with respect to personal information, as well as regulate the sale of consumer personal information to third parties.  Notably, the Bill also introduces a private right of action for consumers…