On August 21, 2024, the National Institution of Standards and Technology (“NIST”) released the second draft of its Digital Identity Guidelines, which provides federal agencies with a framework for identity proofing and authentication of external employees, government contractors, and individuals accessing government information systems and services. Building on the first draft of the guidance, the […]
Government Access to Data
CBDF Research Fellow Theodore Christakis Publishes Study on Cross-Border Data Transfers and the EU’s “Zero Risk” Approach
Theodore Christakis, Professor of International Law at the University Grenoble Alpes and Senior Fellow and Director of Research for Europe at the Cross-Border Data Forum, has published a new comprehensive analysis on cross-border transfers of personal data and the EU’s data protection authorities’ “Zero Risk” theory developed since the CJEU Schrems II Judgment. Prof. Christakis looks […]
Declassified Intelligence Community Letters Highlight Importance of Monitoring Outbound Data Flows
On January 25, 2024, Senator Ron Wyden (D-OR) released documents that confirm U.S. intelligence agencies are purchasing location and other sensitive personal information from data brokers without the consent of the data subjects. The FTC has recently gone after data brokers who collect and sell the sensitive location data of consumers without their express consent, […]
International Data Transfers: European Commission Gives Green Light to EU-U.S. Data Privacy Framework
What Happened? On July 10, 2023, the European Commission (‘EC’) adopted its long-awaited adequacy decision approving the EU-U.S. Data Privacy Framework (‘DPF’). By doing so, the EC is confirming that personal data transferred to the U.S. under the DPF is adequately protected in line with the EU GDPR’s international data transfer rules. Transfers of personal […]
Time to Restore Trust in Data Flows between Countries? Peter Swire Discusses Recent OECD Efforts in Developing Principles for Government Access to Data.
Alston & Bird Senior Counsel Peter Swire recently published an article in Lawfare titled, “Towards OECD Principles for Government Access to Data.” Peter and his co-authors discuss recent efforts of the Organization for Economic Cooperation and Development (OECD) to formulate common principles regulating governmental access to personal data held by the private sector for national […]