Privacy & Cybersecurity Newsletter

Winter 2021

Locke Lord's Privacy & Cybersecurity Newsletter provides topical snapshots of recent developments in the fast-changing world of privacy, data protection, and cyber risk management. For further information on any of the subjects covered in the newsletter, please contact one of the members of our privacy and cybersecurity team.

In This Issue

U.S. Privacy Laws and Regulation

Ready or Not, Here It Comes: Litigation and Enforcement Issues Under The California ‎Privacy Rights Act
The passage of the California Privacy Rights Act (“CPRA”) on November 3, 2020 will result in ‎increased litigation and enforcement actions for companies doing business in California. read more

Privacy Laws Begin to Ripple Across States Following the California Consumer Privacy Act
As we have discussed in previous articles, through the California Consumer Privacy Act (CCPA), California has set new privacy standards, granted new consumer rights, and imposed new obligations on businesses. read more

Uniform State Privacy Law Moves Forward With New Approach
Virginia has just enacted a new privacy law, and several other states are considering doing the same, including Minnesota, New York, Oklahoma, and Washington. read more

New Drone Regulations Coming — Requesting Permission for Flyby? Negative, Ghostrider, the Pattern Is Full…Unless You Have Remote ID
On Monday, December 28, 2020, the FAA announced that it released the final Remote ID rule and the Operations of Small Unmanned Aircraft Systems Over People (OOP) rule to the Federal Register. read more

Brexit & GDPR

Bridge Over Troubled Water – Brexit Agreement Solves Issue of Data Transfer, for Now
On 30 December, with 24 hours to spare, the EU and UK signed a Trade and Cooperation Agreement, setting out their future relationship following Brexit. read more

Soriano v. Forensic News: GDPR’s Arm ‘Don’t Stretch That Far‎’
As most people now know, the GDPR is perfectly capable of applying to non-EU1 organizations. It achieves this by one of three tests. read more

Litigation, Enforcement and Risk Mitigation

WTF (Wire Transfer Fraud)?! – Steps to Reduce Risk
Business email compromise (BEC) threats are soaring. Huge amounts of money are at risk. We share some practical tips to reduce the chances of being swindled -- and to try to recover amounts if you are. read more

Who’s In Your Mobile Device?
George Orwell raised the spectre of Big Brother peeking into all aspects of our lives. On Tuesday, January 5, 2021, President Trump upped the ante. read more

Taking Stock of Non-Monetary Privacy Settlement Provisions
Since the passage of the California Consumer Privacy Act and because of the continued interest in the Illinois Biometric Information Privacy Act, there has been a focus on the amount of money class members may expect to receive as part of a privacy or cyber class action settlements. read more

Standing on Thin Ice? New Guidance on Standing for Data Breach Claims
Who has standing to bring claims for alleged statutory violations of privacy and cybersecurity statutes? read more

Federal Court of Appeals Strikes Down OCR HIPAA Penalty:‎ Have the Rules of Engagement Changed?‎
On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated a penalty imposed by the U.S. Office of Civil Rights (“OCR”) on the University of Texas M.D. Anderson Cancer Center (“MD Anderson”). read more