The EU-U.S. Privacy Shield is fully operational and U.S. companies are now able to register. The Privacy Shield framework was first introduced in February 2016 and was adopted on July 12th to replace the failed Safe Harbor agreement. U.S. Secretary of Commerce Penny Pritzker and EU Justice Commissioner Věra Jourová discuss the merits of the Shield in an op-ed for Euractiv. “Simply put, the Privacy Shield is a 21st century solution to strengthen the protection of personal data that moves between the United States and the European Union,” they write. “We are confident that the Privacy Shield will open a new era for transatlantic privacy and commerce, delivering concrete and practical results for our citizens and companies”.
With identity theft on the rise and data breaches becoming an everyday occurrence, it’s no surprise that the Federal Government is paying attention now more than ever. Last year 13 million victims of identity theft resulted in $15 billion in losses due to fraud. In February, President Obama announced a Cybersecurity National Action Plan (CNAP), and there is no doubt that data privacy will remain a prominent issue in the next Congress. The subject has already entered the discussions surrounding the 2016 presidential campaigns, particularly in the wake of a significant breach of the Democratic National Committee’s files.
CSR is dedicated to staying current on all legislation concerning privacy. We continue to carefully monitor the Federal Government as well as each individual state, so our clients can be assured they are getting the most up-to-date information possible.
Privacy Made Simple
After losing Safe Harbor, American companies have been anticipating the approval of privacy shield in order to transfer personal data internationally. The EU member state have now given their approval, but it is still pending final approval from other entities. CSR will continue to watch this closely and keep you updated of any changes.
The FTC updated their guidelines on disclosures in online advertising in March 2013. They are now taking comments and will host a public workshop on September 15, 2016 called "Putting Disclosures to the Test". The goal of the workshop is to have companies, academics, and the FTC weigh in on how to evaluate the effectiveness of disclosures advertisers make to consumers about advertising claims, privacy practices, and other information.
The EU Advocate General announced that IP addresses are personal data and falls under European Union data protection laws. This ruling will have an effect on companies like Google Inc. or Facebook that collect and store information on EU citizens. Patrick Breyer, a member of the German Pirate Party, brought the case before the court stating that, “nobody has a right to record everything we do and say online. Generation Internet has a right to access information online just as unmonitored and without inhibition as our parents read the paper, listened to the radio or browsed books”.
The General Data Protection Regulation (GDPR) was approved today by the European Parliament, ending more than four years of work to update the rules. It will most likely be published officially in May, making the deadline for compliance May 2018. Companies need to prepare during this two year transition period. CSR offers a GDPR version of our Readiness program that will help businesses meet these stricter standards. Privacy Made Simple!
The IAPP has released the last installment in a series of articles addressing the top 10 operational impacts of the GDPR. This final installment examines what happens when companies violate these new regulations. The hefty fines and penalties for infringement not only encourage accountability, they may be the single most eye-catching feature of the Regulation, causing multinationals and local companies to invest more in compliance.
While many agree that Privacy Shield is a step up, some would argue that it is actually weaker than Safe Harbor. A data transfer agreement between the U.S. and the E.U. is critical, but the urgency to get it in place could put the validity of the agreement in jeopardy. Some of the concerns surrounding it include whether it will hold up to court scrutiny, the nature of U.S. government access to European citizens’ data, and whether a change in the U.S. presidency could potentially eliminate the assurances given by President Obama. CSR will continue to watch this closely and keep you updated of any changes.
In reference to the California Data Breach Report, the state attorney general provided a massive amount of insight and statistics. Included in the report are four recommendations. Recommendation #1 is important to note because if not followed, it constitutes a lack of reasonable security.
We’ve gone from a Safe Harbor to a Privacy Shield. Today, the European Commission and the US Department of Commerce announced a new transatlantic data transfer agreement. The past few months have been tense since Safe Harbor had been invalidated by the European Court of Justice. While the agreement is not yet legally binding, it offers some positive news. CSR will continue to monitor the situation to make sure that we have the latest updates.
Keep an eye on CSRPS.com. We will continue to monitor the progress of this impactful EU privacy regulation changes.
This settlement represents how data security MUST be business's priority. There are no excuses when it comes to data privacy and the FTC is making a resiliant statement that they will not allow it to happen again with the decision to monitor Wyndham for a 20 year period. This will not just force Wyndham to maintain a higher level of data privacy and security, but it will force them to exceed the standard. With fines, cost for implementing and maintaining a data security program, costly PCI audits and FTC audits; Wyndham will be exponentially paying for their lax security for decades to come.
This article from FedScoop onfirms CSR’s belief that a new version of Safe Harbor will be enacted relatively soon. The question still remains: will it be good enough to withstand legal challenge?
Not only is retaining what is currently defined Personal Identifiable Information (PII) but this Cox Communications Settlement shows that privacy spans outside of what is defined as PII. In some cases, behavior is more identifiable to someone than a name, date of birth and even social security number. Behavior turn the tables and instead of just identifying the person it is defining the person. Information stored at Internet Service Providers (ISPs) is starting to be scrutinized as the ability to locate individuals even with a dynamic IP address is quite accurate. What does this mean for all of us that are connected? What should be required of ISPs to ensure that the information they have access to and store is managed in a way that ensure our privacy? As consumers, you must take the extra step to find what privacy settings you have access to. In addition, managing your own personal information is also critical as outdata information can be more hazardous than updated.
Older technology can be a major whole in any organization's privacy program. In today's day organizations rely on software applications to manage large amount of data and store that data for future use. It is an organization's responsibility to ensure that the technology they are using properly stores the information in a way that encrypts sensitive data; has security measures in place to ensure unauthorized access is mitigated; and that historical data is archived and redacted and sensitive data is deleted. Businesses can no longer assume and must take responsibility for data privacy and security within their organization.
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