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Reading about the law and information technology these days, you come across a remarkable number of stories describing and discussing IT and privacy. What is fascinating about many of the articles is what information or actions are considered to be “private.” Many judicial opinions, for example, concern law enforcement obtaining cell site location information (CSLI) from cell providers and other sources in order to track the movements of a subject of investigation (CSLI is discussed in greater detail and these opinions infra) and the privacy interests that prevent law enforcement from simply getting the data from providers or creating the data through its own tracking or interception of cell tower information. Other opinions and legal discussions concern what privacy interest a creator or recipient of a digital file (e.g., an email, a Word document) has in that file if it is stored by a third party, as is increasingly the case with cloud storage, particularly as it has come to be relied upon in the age of the pandemic. Still other legal discussions concern the privacy rights of persons whose movements (not spoken words) are captured by surveillance cameras: the single camera outside a building and controlled by the building’s resident or director; cameras in many, or every, room in the building; cameras installed and controlled by law enforcement that survey public streets and other public areas. There are many other contexts in which privacy interests in information accessed by, transmitted by or stored in IT are discussed.
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China Finalizes New Regulations to Relax Personal Data Exports from China
By Lindsay Zhu, Scott Warren, Haowen Xu and Charmian Aw
Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
Unraveling The American Data Privacy Patchwork: Will the American Privacy Rights Act Succeed?
By Michael McLaughlin and Andria Adigwe
As the focus on protecting personal data continues to grow with the ever-widening adoption of artificial intelligence (AI) tools, exponential increases in the number and breadth of data breaches, and growing awareness of the risk posed by data brokers, the time appears right for a U.S. federal data privacy regulation to succeed in Congress. But is the new American Privacy Rights Act that regulation?
The Perfect Storm: Why Contract Hiring In Privacy Will Eclipse Direct Hiring In 2024
By Jared Coseglia
With significantly fewer fully remote positions available in 2023, active job seekers were faced with the question of whether to begin considering compromises on work-from-home flexibility or compromise in other areas like compensation, vertical mobility, quality of life, or employment modality.
Lessons for CISOs from the SolarWinds Breach and SEC Enforcement
By Daniel Garrie, David Cass and Jennifer Deutsch
In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.