Anastasia Sentsova and Yelisey Boguslavskiy write: On January 1, 2021, the Russian authorities introduced a new law regulating cryptocurrencies. This law may be a manifestation of the Russian government’s desire to seek control over the DarkWeb markets and its ransomware sector that became extremely prolific over the past two years. The criminal business that runs…
Category: Federal
When to Report a Breach: Consideration of Encryption States
Matt Fisher of Carium writes: Data breaches grab headlines on a daily basis and arise from a number of different scenarios. However, one question that is not necessarily examined closely (at least in news articles), is whether encryption was in place and why the encryption did not prevent the breach. That rhetorical question does not…
11th Circuit’s strict new rule for data breach standing will figure in Equifax appeal
Alison Frankel reports: Shiyang Huang is not a lawyer. Nor is he a professional objector who makes a living from demanding payments to drop filing vexatious objections to class action appeals. By his account, he’s just a pro se litigant from Topeka who doesn’t think federal courts should be called upon to adjudicate claims by…
Brazilian Data Protection Authority Publishes Regulatory Strategy for 2021 – 2023
Hunton Andrews Kurth writes: On January 28, 2021, international Data Privacy Day, the newly formed Brazilian data protection authority (Agência Nacional de Proteção de Dados, the “ANPD”) published its regulatory strategy for 2021-2023 and work plan for 2021-2022 (in Portuguese). The ANPD’s regulatory strategy for 2021-2023 sets forth the agency’s vision for becoming a reference, nationally and internationally, with respect to…
Democrats propose bill to protect privacy, data security amid growing use of pandemic-related tech
Anuja Vaidya reports: Technology is the linchpin of the United States’ response to the Covid-19 pandemic. But the growing use of digital solutions raises the complicated issue of ensuring individuals’ right to privacy. Now, a group of Congressional Democrats have introduced a bill to address this concern. The Public Health Emergency Privacy Act would set enforceable privacy…
HITECH Amendment Provides Some Protection For Covered Entities and Business Associates that Adopt Recognized Security Standards
Anna D. Kraus, Libbie Canter, Tara Carrier, and Olivia Vega of Covington & Burling write: On January 5, 2021, an amendment to the Health Information Technology for Economic and Clinical Health (“HITECH”) Act was signed into law. The amendment requires the U.S. Department of Health and Human Services (“HHS”) to “consider certain recognized security practices of covered…