As businesses and government offices ramp up their on-site operations, they are turning to smartphone applications to help keep track of the health status of persons entering their buildings. In this Part 1 of our two-part blog post on back-to-work apps, we provide a checklist of issues to consider for health questionnaires.  In Part 2, we will do the same…

Reproduced with permission. Published Sept. 10, 2020. Copyright 2020 The Bureau of National Affairs, Inc. 800-372-1033. For further use, please visit http://www.bna.com/copyright-permission-request/ There’s been dramatic growth in the role lawyers play in cybersecurity. When we started practicing in the area of artificial intelligence, we heard many of the same questions that we faced about cybersecurity years ago: What do the…

August proved to be another busy month for data protection developments in Europe, fuelled in part by the aftermath of the Court of Justice of the European Union’s (“CJEU”) decision in the “Schrems II” case. Enforcement The most noteworthy GDPR enforcement-related developments from August include: Marriott indicates potentially significant decrease in anticipated ICO fine. The ICO had announced in July…

We’ve noticed that people seemed more determined than usual this year to really unplug during their vacations. That was no doubt a healthy reaction to months of pandemic-related stress. For those who took some true summer downtime, and anyone else who’d find a roundup useful – here are some quick notes on how the world of data strategy and security…

On August 27, 2020, Vincent Pitaro of the Hedge Fund Law Report published: Debevoise Attorneys Discuss AI Regulation With of FINRA’s Office of Financial Innovation.  The article summarizes our discussion with Mr. Workie on: FINRA’s Office of Financial Innovation and its report on AI Common uses of AI in the securities industry Regulatory and reputational risks associated with AI How…

The widespread criticism, and partial abandonment, of the algorithm that was used to evaluate UK students serves as useful reminder that corporate AI programs carry significant regulatory and reputational risks, and that careful planning, testing and governance are needed throughout the process to mitigate those risks. Background In March, due to the pandemic, UK authorities canceled the exams that students…

Competition v Privacy Competition and consumer authorities are increasingly considering the implications of digital platforms’ ownership and use of consumer data and whether concerns about harm to privacy are indicative of a lack of competition. For a long time the orthodoxy in the EU had been that competition authorities were sensitive to the possible issues of data concentration, but, equally,…

As we have discussed in recent webinars and blog posts, the New York Department of Financial Services has recently brought its first enforcement action under its cybersecurity rules (23 N.Y.C.R.R. Part 500).  When the NYDFS cyber rules were first enacted in 2017, they were widely regarded as the most comprehensive cybersecurity regulation in the United States. Almost all insurance companies…

On July 13, 2020, the Federal Trade Commission (“FTC”) hosted a virtual workshop on its proposed changes to the Standards for Safeguarding Customer Information (“Safeguards Rule”). The workshop followed up on the FTC’s 2019 notice of proposed rulemaking requesting public comment on its proposal to amend the Safeguards Rule. The workshop was intended to provide a forum to explore “the…

July was a busy month for data protection in the EU and UK.  While the long-awaited Schrems II decision captured the most headlines, data protection authorities (“DPAs”) and Member State courts have been busy too.  We cover here some of the highlights, ranging from a €16.7m fine in Italy – the fourth largest GDPR penalty to date – to court…