In a momentous judgment, the European Court of Justice (“ECJ”) today invalidated the European Commission’s decision establishing the E.U.-US Safe Harbor for transfers of personal data (“Safe Harbor Decision”). The ruling was made with record dispatch, following on an Advocate General Opinion recommending invalidation that was delivered to the Court only two weeks ago. Facts […]
Enforcement
Swire Challenges Factual Basis of Schrems Decision
In an article published today, Senior Counsel Peter Swire challenges the factual basis for the Advocate General’s recent opinion in the so-called “Schrems case” against the E.U.-U.S. Safe Harbor framework. Thousands of U.S. businesses rely on the Safe Harbor framework in order to support the transfer of data from the European Union. As previously discussed […]
Peter Swire to Discuss Law Enforcement and Privacy
On Monday, Sept. 28, 2015, at 1 PM Eastern, Alston & Bird Senior Counsel Peter Swire will discuss the intersection of law enforcement and privacy interests. Swire’s talk is presented as part of a teleforum conference call sponsored by the Federalist Society. Benjamin Wittes, Senior Fellow at the Brookings Institution, will also be participating. The […]
Third Circuit Affirms FTC’s Authority to Regulate Data Security
On August 24, 2015, the Third Circuit affirmed U.S. District Court Judge Esther Salas’ April 2014 ruling in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) that the FTC has the authority to regulate private companies’ cybersecurity practices under Section 5 of the FTC Act. (Prior blog posts on this case can be found here […]
Amended Washington Data Breach Law Requires Attorney General Notification, Imposes 45-Day Notice Time Limit
Earlier this year, Washington passed an amended version of its data breach notification law, which goes into effect Friday July 24, 2015. Washington’s updated breach notification statute will now, among other things, require compromised entities to notify the state Attorney General (AG) in some circumstances, and require notification to both consumers and, as applicable, the […]