The Privacy Data Protection And Cybersecurity Law Review

Cybersecurity, data privacy law, and the related legal implications overlap into a relevant and developing area in the legal field. However, many legal practitioners lack the foundational understanding of computer processes which are fundamental for applying existing and developing legal structures to the issue of cybersecurity and data privacy. At the same time, those who work and research in cybersecurity are often unprepared and unaware of the nuances of legal application. This book translates the fundamental building blocks of data privacy and (cyber)security law into basic knowledge that is equally accessible and educational for those working and researching in either field, those who are involved with businesses and organizations, and the general public.

As jurisdictions increasingly pass new cybersecurity and privacy laws, it is crucial that attorneys secure a working knowledge of information technology to effectively advise organizations that collect and process data. This essential book—now extensively updated to reflect the dramatic legal changes that have taken place in the few short years since its first edition—remains the preeminent in-depth survey and analysis of privacy and cybersecurity laws worldwide. It also provides a deeply informed guide on how to apply legal requirements to protect an organization’s interests and anticipate future compliance developments. With detailed attention to relevant supranational, regional, and national privacy and data protection laws and frameworks, the author describes and analyzes the legal strategies and responsibilities attached to the following and more: prompt, secure ways to identify threats, manage vulnerabilities, and respond to “incidents” and data breaches; most common types of cyberattacks used today; transparency and consent; rights of revocation, erasure, and correction; de-identification and anonymization procedures; data localization; cross-jurisdictional data transfer; contract negotiation; encryption, de-identification, anonymization, and pseudonymization; and Artificial Intelligence as an emerging technology that will require more dynamic and challenging conversations. Balancing legal knowledge with technical awareness and business acumen, this book is an indispensable resource for attorneys who must provide advice on strategic implementations of new technologies, advise on the impact of certain laws on the enterprise, interpret complex cybersecurity and privacy contractual language, and participate in incident response and data breach activities. It will also be of value to other practitioners, such as security personnel and compliance professionals, who will benefit from a broad perspective exploring privacy and data protection laws and their connection with security technologies and broader organizational compliance objectives.

An essential compliance tool for every privacy officer and attorney involved in managing privacy and data security issues, Privacy and Data Security Law Deskbook provides the thorough, practical, sector-specific guidance that helps you meet today's challenges and minimize the risk of data breaches that can damage a company's reputation. Privacy and Data Security Law Deskbook enables you to comply with data privacy laws relating to: Marketing efforts - including standards governing online behavioral advertising and targeted marketing Privacy in the workplace - such as standards governing employee monitoring and background screening of employees and applicant Health information - focusing on the Health Insurance Portability and Accountability Act (HIPAA), with insight into the HITECH Act's impact on data breaches and other recent changes Financial privacy - including the Gramm-Leach-Bliley Act's regulations for the collection and disclosure of personal information in the banking and insurance industries Consumer reports - with detailed coverage of the Fair Credit Reporting Act and Fair and Accurate Credit Transactions Act Government surveillance - including the latest developments in warrantless wiretapping Social networking - including the FTC's current approach Privacy and Data Security Law Deskbook is written by Lisa J. Sotto - one of the world's foremost legal practitioners in the field. Ms. Sotto is partner and head of Hunton and Williams' Privacy and Information Management practice, which was ranked in "Band 1" for Privacy and Data Security by both the Chambers USA and Chambers Global guides. Packed with sample documents, checklists, and other compliance-enabling tools, Privacy and Data Security Law Deskbook allows you to: Navigate the various breach notification requirements in the more than 45 states that have such laws in place Comply with global data protection laws (including those in the EU), facilitating compliance with cross-border data transfer restrictions Keep current with emerging legal trends, from changes in federal and state laws to the latest data privacy regulations abroad Privacy and Data Security Law Deskbook has been updated to include: Countries in Latin America with new data protection laws The Cross-Border Privacy Rules under the APEC Privacy Framework Discussion of the recent SEC focus on disclosures of cybersecurity risks in public filings Analysis of the new FCC declaratory ruling on the applicability of the CPNI Rules Relationship between the litigation exception and the prohibition against obtaining personal information for solicitation purposes under the Driver's Privacy Protection Act Case law regarding the retention of personally identifiable information under the Video Privacy Protection Act New disclosure requirements for online privacy policies pursuant to a recent amendment to California's Online Privacy Protection Act Recent cases on employers' tort liability for violations of employees' privacy Updates to the California Online Privacy Protection Act Updates to National Labor Relations Board cases related to employee monitoring and employee use of social media An SEC report on the use of social media sites by public companies to announce key information Guidance issued by the Financial Industry Regulatory Authority (FINRA) regarding the application of federal consumer protection laws to the social media activities of financial institutions Recent state attorney general enforcement actions for privacy and information security violations The new information security management standards released by the International Organization for Standardization The new version of the Payment Card Industry Data Security Standard The latest cybersecurity developments outside the United States and EU Recent FTC, HHS, and state attorney general actions brought as a result of security breaches Analysis of the proposed General Data Protection Regulation in the EU Recent enforcement actions by EU Data Protection Authorities Updates on EU data breach legislation The Australian data protection law, including significant recent changes The recently enacted data protection law in South Africa

Interim Table of Contents -- 1. Don't accept candy from strangers: An analysis of third-party mobile SDKs lvaro Feal, Julien Gamba, Juan Tapiador, Primal Wijesekera, Joel Reardon, Serge Egelman and Narseo Vallina-Rodriguez -- 2. AI and the Right to Explanation: Three Legal Bases under the GDPR Tiago Cabral -- 3. A Comparison of Data Protection Regulations for Automotive Systems Ala'A Al-Momani, Christoph Bösch and Frank Kargl -- 4. Misaligned Union laws? A comparative analysis of certification in the Cybersecurity Act and the General Data Protection Regulation Irene Kamara -- 5. Aggregation, synthesization and anonymization: a call for a risk-based assessment of anonymization approaches Sophie Stalla-Bourdillon and Alfred Rossi -- 6. The role of the EU fundamental right to data protection in an Algorithmic and Big data world Yordanka Ivanova -- 7. Implementing AI in Healthcare: An Ethical and Legal Analysis Based on Case Studies Eduard Fosch Villaronga, Davit Chokoshvili, Vibeke Binz Vallevik, Marcello Ienca and Robin L Pierce -- 8. Technological Experimentation without Adequate Safeguards? Interoperable EU Databases and Access to the Multiple Identity Detector by SIRENE Bureaux Diana Dimitrova and Teresa Quintel.

Securing privacy in the current environment is one of the great challenges of today’s democracies. Privacy vs. Security explores the issues of privacy and security and their complicated interplay, from a legal and a technical point of view. Sophie Stalla-Bourdillon provides a thorough account of the legal underpinnings of the European approach to privacy and examines their implementation through privacy, data protection and data retention laws. Joshua Philips and Mark D. Ryan focus on the technological aspects of privacy, in particular, on today’s attacks on privacy by the simple use of today’s technology, like web services and e-payment technologies and by State-level surveillance activities.

In today’s litigious business world, cyber-related matters could land you in court. As a computer security professional, you are protecting your data, but are you protecting your company? While you know industry standards and regulations, you may not be a legal expert. Fortunately, in a few hours of reading, rather than months of classroom study, Tari Schreider’s Cybersecurity Law, Standards and Regulations (2nd Edition), lets you integrate legal issues into your security program. Tari Schreider, a board-certified information security practitioner with a criminal justice administration background, has written a much-needed book that bridges the gap between cybersecurity programs and cybersecurity law. He says, “My nearly 40 years in the fields of cybersecurity, risk management, and disaster recovery have taught me some immutable truths. One of these truths is that failure to consider the law when developing a cybersecurity program results in a protective façade or false sense of security.” In a friendly style, offering real-world business examples from his own experience supported by a wealth of court cases, Schreider covers the range of practical information you will need as you explore – and prepare to apply – cybersecurity law. His practical, easy-to-understand explanations help you to: Understand your legal duty to act reasonably and responsibly to protect assets and information. Identify which cybersecurity laws have the potential to impact your cybersecurity program. Upgrade cybersecurity policies to comply with state, federal, and regulatory statutes. Communicate effectively about cybersecurity law with corporate legal department and counsel. Understand the implications of emerging legislation for your cybersecurity program. Know how to avoid losing a cybersecurity court case on procedure – and develop strategies to handle a dispute out of court. Develop an international view of cybersecurity and data privacy – and international legal frameworks. Schreider takes you beyond security standards and regulatory controls to ensure that your current or future cybersecurity program complies with all laws and legal jurisdictions. Hundreds of citations and references allow you to dig deeper as you explore specific topics relevant to your organization or your studies. This book needs to be required reading before your next discussion with your corporate legal department. This new edition responds to the rapid changes in the cybersecurity industry, threat landscape and providers. It addresses the increasing risk of zero-day attacks, growth of state-sponsored adversaries and consolidation of cybersecurity products and services in addition to the substantial updates of standards, source links and cybersecurity products.

This book brings together papers that offer conceptual analyses, highlight issues, propose solutions, and discuss practices regarding privacy, data protection and enforcing rights in a changing world. It is one of the results of the 14th annual International Conference on Computers, Privacy and Data Protection (CPDP), which took place online in January 2021. The pandemic has produced deep and ongoing changes in how, when, why, and the media through which, we interact. Many of these changes correspond to new approaches in the collection and use of our data - new in terms of scale, form, and purpose. This raises difficult questions as to which rights we have, and should have, in relation to such novel forms of data processing, the degree to which these rights should be balanced against other poignant social interests, and how these rights should be enforced in light of the fluidity and uncertainty of circumstances. The book covers a range of topics, such as: digital sovereignty; art and algorithmic accountability; multistakeholderism in the Brazilian General Data Protection law; expectations of privacy and the European Court of Human Rights; the function of explanations; DPIAs and smart cities; and of course, EU data protection law and the pandemic – including chapters on scientific research and on the EU Digital COVID Certificate framework. This interdisciplinary book has been written at a time when the scale and impact of data processing on society – on individuals as well as on social systems – is becoming ever starker. It discusses open issues as well as daring and prospective approaches and is an insightful resource for readers with an interest in computers, privacy and data protection.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in China covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.

This book offers a comparative perspective on data protection and cybersecurity in Europe. In light of the digital revolution and the implementation of social media applications and big data innovations, it analyzes threat perceptions regarding privacy and cyber security, and examines socio-political differences in the fundamental conceptions and narratives of privacy, and in data protection regimes, across various European countries. The first part of the book raises fundamental legal and ethical questions concerning data protection; the second analyses discourses on cybersecurity and data protection in various European countries; and the third part discusses EU regulations and norms intended to create harmonized data protection regimes.