Privacy & Information Security Law Blog

The Centre for Information Policy Leadership at Hunton Andrews Kurth, in partnership with WeProtect Global Alliance, held a series of interactive workshops on digital age assurance as part of its Children’s Privacy Project. They are seeking interested professionals to join their working groups as part of several workshops.

The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth recently released a report on Enabling Beneficial and Safe Uses of Biometric Technology Through Risk-Based Regulations (the “Report”).  The Report examines global laws and regulations that target biometric data and encourages adoption of a risk-based approach.  According to the Report, biometric technology applications are growing and can provide societal and economic benefits. However, there are recognized concerns over potential harms for individuals and their rights, and data protection and privacy laws are increasingly targeting the collection and use of biometric data.

In April 2024, the Centre for Information Policy Leadership at Hunton Andrews Kurth published a white paper on Leveraging Data Responsibly: Why Boards and the C-Suite Need to Embrace a Holistic Data Strategy.

On March 8, 2024, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) filed its response to the Federal Trade Commission’s notice of proposed rulemaking (“NPRM”), which addresses amendments to the Children’s Online Privacy Protection Rule (“COPPA Rule”).

On March 8, 2024, the California Privacy Protection Agency (“CPPA”) Board discussed and voted 3-2 in favor of further edits to revised draft regulations regarding risk assessments and automated decisionmaking technology (“ADMT”), which were released in February 2024, but did not initiate the formal rulemaking process for these regulations, which is anticipated to begin in July 2024.

On February 20, 2024, The Centre for Information Policy Leadership at Hunton Andrews Kurth LLP  (“CIPL”) and Theodore Christakis, Professor of International, European and Digital Law at University Grenoble Alpes, released a comprehensive study titled The “Zero Risk” Fallacy: International Data Transfers, Foreign Governments’ Access to Data and the Need for a Risk-Based Approach. In the study, Prof. Christakis makes the case that the EU General Data Protection Regulation (“GDPR”), the Charter of Fundamental Rights of the European Union and EU law, more generally, allow a more nuanced and risk-based approach to data transfers than the restrictive approach often applied. CIPL and Prof. Christakis provide an approach that outlines data protection measures that are proportionate to the risks at hand, and takes into account the nature of the data, the likelihood of access by foreign governments, and the severity of the potential harm.

On February 8, 2024, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP (“CIPL”) published a discussion paper on Comparison of U.S. State Privacy Laws: Data Protection Assessments. The paper analyzes the data protection assessment requirements set forth in an ever-growing number of comprehensive U.S. state privacy laws. The paper represents the first deliverable of CIPL’s ongoing project on U.S. state privacy laws, in which CIPL is collaborating with its member organizations to identify areas of alignment and divergence between state privacy laws. The paper also examines the compliance challenges organizations face as a result of the divergences, and provides recommendations to state law and policymakers who may be considering changes to existing laws or the introduction of new ones.

On February 21, 2024, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP (“CIPL”) published a white paper on Building Accountable AI Programs: Mapping Emerging Best Practices to the CIPL Accountability Framework. The white paper showcases how 20 leading organizations are developing accountable AI programs and best practices.

On February 9, 2024, Hunton Andrews Kurth attorneys, David Dumont and Laura Léonard, and Centre for Information Policy Leadership Director of Privacy and Data Policy, Natascha Gerlach, published an op-ed discussing the implications of the European Commission’s proposal for a Regulation laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 (the “Draft GDPR Procedural Regulation”) and the draft report on the Draft GDPR Procedural Regulation by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (the “Draft LIBE Report”).

On December 12, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP (“CIPL”) released a white paper on Privacy-Enhancing and Privacy-Preserving Technologies: Understanding the Role of PETs and PPTs in the Digital Age.

On October 30, 2023, U.S. President Biden issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence. It marks the Biden Administration’s most comprehensive action on artificial intelligence policy, building upon the Administration’s Blueprint for an AI Bill of Rights (issued in October 2022) and its announcement (in July 2023) of securing voluntary commitments from 15 leading AI companies to manage AI risks.

On October 18, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published an opinion piece in the leading European policy outlet, Euractiv, titled “The Time is Now: Why modernising transatlantic cooperation on cross-border law enforcement access to electronic evidence should be a priority.”

The piece argues that at a time of an increased threat of cybercrime, digital fraud, disinformation, and other illicit activities online, we need a holistic discussion between law enforcement, policymakers and privacy communities to balance societal interests and individual rights.

On October 10, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) announced the publication of its White Paper on business-to-government (B2G) data sharing. 

On  September 29, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) released a new paper on its Ten Recommendations for Global AI Regulation. The paper is part of CIPL’s Accountable AI project and follows several earlier contributions including Artificial Intelligence and Data Protection in Tension (October 2018), Hard Issues and Practical Solutions (February 2020), and Artificial Intelligence and Data Protection: How the GDPR Regulates AI (March 2020).

On June 26, 2023, the Centre for Information Policy Leadership (CIPL) published the third edition of its Frequently Asked Questions on Cross-Border Privacy Rules, Privacy Recognition for Processors, and Global CBPR and PRP (FAQs).

On June 12, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the U.S. National Telecommunications and Information Administration’s (“NTIA’s”) Request for Comments (“RFC”) on Artificial Intelligence (“AI”) Accountability. The NTIA’s RFC solicited comments on AI accountability measures and policies that can demonstrate trustworthiness of AI systems.

On May 4, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth published a discussion paper on business-to-government (B2G) data sharing.

On Monday, March 27, 2023, the Centre for Information Policy Leadership (CIPL) at Hunton Andrews Kurth submitted a response to the California Privacy Protection Agency (CPPA)’s Invitation for Preliminary Comments on Proposed Rulemaking for cybersecurity audits, risk assessments and automated decisionmaking.

On February 16, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP held a virtual roundtable to discuss the role of age assurance and age verification tools as part of its Children’s Data Privacy Project. Representatives from CIPL member companies, data protection authorities, civil society and experts exchanged views on the effectiveness of different methodologies and emerging best practices to shield minors from harmful or inappropriate content.

This is an excerpt from Centre for Information Policy Leadership (“CIPL”) President Bojana Bellamy’s recently published piece in the IAPP “Privacy Perspectives” blog, and are the views of the author.

On March 3, 2023, the California Privacy Protection Agency (“CPPA”) Board held a public meeting regarding the Agency’s priorities, budget, the status of the California Privacy Rights Act of 2020 (“CPRA”) rulemaking process and the activities of the CPPA subcommittees. The meeting focused on the following topics:

On March 6, 2023 the Centre for Information Policy Leadership (CIPL) at Hunton Andrews Kurth filed a response to the National Telecommunications and Information Administration’s request for comment on issues at the intersection of privacy, equity and civil rights.  

On March 1, 2023, the U.S. House of Representatives Innovation, Data and Commerce Subcommittee (“Subcommittee”) of the Energy and Commerce Committee (“Committee”) held a hearing to restart the discussion on comprehensive federal privacy legislation. Last year, the full Committee reached bipartisan consensus on H.R. 8152, the American Data Privacy and Protection Act (“ADPPA”), by a vote of 53-2.  With many of the same players returning in the 118th Congress, House members are eager to advance bipartisan legislation again.

On January 26, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth responded to a call for input from the UK’s Digital Regulation Cooperation Forum (DRCF) on its workplan for 2023 – 2024.

On January 20, 2023, The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published “Digital Assets and Privacy,” a discussion paper compiling insights from workshops with CIPL member companies that explored the intersection of privacy and digital assets, with a particular focus on blockchain technology. The paper includes recommendations for developing coherent, tech-friendly, future-focused, and pragmatic regulations and policies.

On January 10, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth  responded to a call for public comments from the European Data Protection Board (“EDPB”) regarding their Recommendations 1/2022 on the Application for Approval and on the elements and principles to be found in Controller Binding Corporate Rules (Art. 47 GDPR) (“Recommendations 1/2022”). The Recommendations 1/2022 are intended to bring existing Controller Binding Corporate Rules (“BCR-C”) in line with the GDPR and the Schrems II ruling.

On January 10, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP and Cisco’s Privacy Center of Excellence published a joint report on “Business Benefits of Investing in Data Privacy Management Programs” (the “Report”). The Report provides insights into how several leading global companies realize value from privacy management programs and demonstrates that organizations are experiencing a wide range of risk and compliance benefits as well as other tangible benefits from investing time, money, effort and other resources into building their privacy programs.

On December 12, 2022, at the “POLITICO Live” event presented in cooperation with Hunton Andrews Kurth LLP’s Centre for Information Policy Leadership ("CIPL")—titled “EU-U.S. Data Flows: Game Changer or More Legal Uncertainty?”—featured speakers from both sides of the Atlantic optimistic that the new EU-U.S. Data Privacy Framework will withstand an anticipated legal challenge.

On November 21, 2022, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth filed comments on the Federal Trade Commission’s Advanced Notice of Proposed Rulemaking (“ANPR”) on commercial surveillance and data security. The ANPR sought public comment on, among other things, whether the FTC should implement new rules addressing the ways in which companies collect, aggregate, protect, use, analyze and retain consumer data.

On October 20, 2022, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published a white paper entitled Protecting Children’s Data Privacy, Policy Paper I, International Issues and Compliance Challenges. The paper identifies and explores the key issues and challenges that organizations and data protection authorities face in the context of globally divergent legal standards and policy approaches relating to children’s data.

On September 23, 2022, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the UK Department for Digital, Culture, Media & Sport (“DCMS”) on its Consultation on establishing a pro-innovation approach to regulating AI (the “Response”).

On October 4, 2022, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published a white paper outlining 10 key recommendations for regulating artificial intelligence (“AI”) in Brazil (the "White Paper"). CIPL prepared the White Paper to assist the special committee of legal experts established by Federal Senate of Brazil (the “Senate Committee”) as it works towards an AI framework in Brazil.

On July 24, 2022, the Financial Express published an article on Rajeev Chandrasekhar, the Indian Minister of State for Electronics and Information Technology, noting that the introduction of the Indian Data Protection Bill (the “Bill”) before Parliament will be delayed by a few months. The Bill was expected to be tabled during the Monsoon Session of Parliament, which commenced on July 18, 2022.

On June 10, 2022, the Centre for Information Policy Leadership at Hunton Andrews Kurth published a white paper entitled “Local Law Assessments and Online Services – Refining the Approach to Beneficial and Privacy-Protective Cross-Border Data Flows A: Case Study from British Columbia.” The paper discusses recent developments in British Columbia that demonstrated a recognition by law- and policy-makers of the importance of cross-border data flows to an efficient and effective public sector.

On April 21, 2022, the United States, Canada, Japan, Singapore, the Philippines, the Republic of Korea and Chinese Taipei published a declaration (the “Declaration”) establishing the Global Cross-Border Privacy Rules Forum (the “Global CBPR Forum”). The Global CBPR Forum will establish an international certification system based on the existing APEC Cross-Border Privacy Rules (“CBPR”) and Privacy Recognition for Processors (“PRP”) Systems, enabling participation beyond APEC member economies. The Global CBPR and PRP Systems, as they will be known, are designed to support the free flow of data and effective data protection, and enable interoperability with other privacy frameworks.

On March 24, 2022, the European Union unveiled the final text of the Digital Markets Act (the “DMA”). The final text of the DMA was reached following trilogue negotiations between the European Commission, European Parliament and EU Member States (led by the French Presidency at the European Council). The final text retains essentially the same features as the previous draft text but does include some notable changes.

Last month, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the UK Department for Digital, Culture, Media & Sport (“DCMS”) on its Consultation on Reforms to the Data Protection Regime (the “Response”). The Response also reflects views gathered from CIPL members during two industry roundtables organized in collaboration with DCMS to obtain feedback on the reform proposals. Key takeaways from the Response include the following:

On December 6, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published a white paper on “Bridging the DMA and the GDPR – Comments by the Centre for Information Policy Leadership on the Data Protection Implications of the Draft Digital Markets Act” (the “White Paper”).

On September 29, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published a paper on the Draft ePrivacy Regulation (“ePR”), in the context of the Trilogue Discussions between the EU Commission, EU Council and EU Parliament (the “Paper”).

On September 27, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published a white paper on the “GDPR Enforcement Cooperation and the One-Stop-Shop (“OSS”) - Learning from the First Three Years” (the “Paper”). The Paper identifies the challenges faced by the OSS, defines CIPL’s position, and proposes possible solutions to improve the OSS mechanism, taking into account the European Data Protection Board’s (“EDPB”) recent work and decisions by the Court of Justice of the European Union (“CJEU”).

On October 6, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published a white paper on “Organizational Accountability in Data Protection Enforcement – How Regulators Consider Accountability in their Enforcement Decisions” (the “Paper”).

On September 10, 2021, the UK Government Department for Digital, Culture, Media & Sport (“DCMS”) launched a consultation on its proposed reforms to the UK data protection regime. The consultation reflects DCMS’s effort to deliver on Mission 2 of the National Data Strategy, which is “to secure a pro-growth and trusted data regime in the UK.” Organizations are encouraged to provide input on a range of data protection proposals, some of which are outlined below. The consultation will close on November 19, 2021, and the Centre for Information Policy Leadership (“CIPL”) will consult with members to prepare a formal response to the consultation.

The Centre for Information Policy Leadership (“CIPL”), a global privacy and security think tank founded in 2001 by leading companies and Hunton Andrews Kurth LLP, is celebrating 20 years of working with industry leaders, regulatory authorities and policymakers to develop global solutions and best practices for privacy and responsible data use.

On July 29, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Commission’s Consultation on the Draft Artificial Intelligence Act (the “Act”). Feedback received as part of this consultation will feed into discussions with the European Parliament and the European Council as the proposal makes its way through the EU legislative process.

On July 2, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published a white paper on How the Legitimate Interest Ground for Processing for Processing Enables Responsible Data Use and Innovation (the “Paper”). The Paper explains the growing importance of the legitimate interests legal basis for organizations, whether for routine or more complex and innovative data processing activities. It provides recommendations on how this legal basis should be interpreted, used and applied to unlock the value of data in today’s global connected world. Finally, the Paper includes examples of data processing activities where organizations currently rely on the legitimate interests legal basis, illustrated by 16 case studies that describe how organizations balance the legitimate interest of the controller and individuals’ rights and freedoms.

Hunton Andrews Kurth LLP is pleased to announce that POLITICO has named Centre for Information Policy Leadership (“CIPL”) President Bojana Bellamy among its Tech 28, the news organization’s inaugural list of top “rulemakers, rulebreakers and visionaries” shaping the future of technology in Europe and beyond.

On June 30, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its comments on the Irish Data Protection Commissioner’s (“DPC”) consultation on its Draft Regulatory Strategy for 2021-2026, in which the DPC sets out its vision for the next five years.

On May 25, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted its response (in English and in Mandarin) to the Standing Committee of the National People’s Congress (“NPC”) of the People’s Republic of China on the updated version of the Draft Personal Information Protection Law (“PIPL”).

On April 23, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Data Protection Board (“EDPB”) consultation on draft guidelines on virtual voice assistants (the “Guidelines”). The Guidelines were adopted on March 12, 2021 for public consultation.

On April 8, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted comments in response to the Ministry of Public Security (“MPS”) of Vietnam’s Draft Decree on Personal Data Protection (“Draft Decree”).

On March 25, 2021, the Centre for Information Policy Leadership at Hunton Andrews Kurth organized an expert roundtable on the EU Approach to Regulating AI–How Can Experimentation Help Bridge Innovation and Regulation? (the “Roundtable”). The Roundtable was hosted by Dragoș Tudorache, Member of Parliament and Chair of the Artificial Intelligence in the Digital Age (“AIDA”) Committee of the European Parliament.  The Roundtable gathered industry representatives and data protection authorities (“DPAs”) as well Axel Voss, Rapporteur of the AIDA Committee.

On March 26, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its comments on the Irish Data Protection Commissioner’s (“DPC”) draft guidance on safeguarding the personal data of children when providing online services, “Children Front and Centre—Fundamentals for a Child-Oriented Approach to Data Processing” (the “Draft Guidance”).

On March 22, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published its paper on delivering a risk-based approach to regulating artificial intelligence (the “Paper”), with the intention of informing current EU discussions on the development of rules to regulate AI.

On March 2, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Data Protection Board (“EDPB”) consultation on draft guidelines on examples regarding data breach notification (the “Guidelines”). The Guidelines were adopted on January 14, 2021 for public consultation.

On March 1, 2021, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the new Brazilian data protection authority’s (Agência Nacional de Proteção de Dados, the “ANPD’s”) public consultation (in Portuguese) on the impact of the Brazilian data protection law (Lei Geral de Proteção de Dados, the “LGPD”) on small and medium-sized enterprises (“SMEs”), which will inform the ANPD’s upcoming special rules for SMEs.

The concept of regulatory sandboxes has gained traction in the data protection community. Since the UK Information Commissioner’s Office (the “ICO”) completed its pilot program of regulatory sandboxes in September 2020, two European Data Protection Authorities (“DPAs”) have created their own sandbox initiatives following the ICO’s framework.

On February 23, 2021, the Centre for Information Policy Leadership at Hunton Andrews Kurth hosted a webinar on China’s Data Privacy Landscape and Upcoming Legislation.

On February 5, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted a response to the European Commission’s (the “Commission’s”) public consultation on the Commission’s Proposal for a Regulation on European Data Governance (the “Data Governance Act,” or “DGA”). This proposal is the first set of initiatives announced under the broader European Data Strategy.

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).

On November 23, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Data Protection Board (“EDPB”) consultation on draft guidelines on relevant and reasoned objections under the General Data Protection Regulation (“GDPR”) cooperation and consistency mechanisms (the “Guidelines). The consultation on the Guidelines took place a few weeks before the EDPB issued its first binding decision under the Article 65 GDPR dispute resolution mechanism.

On December 10, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Commission’s invitation for comments on its draft implementing decision on standard contractual clauses (“SCCs”) to be used for the transfer of personal data from a controller or processor subject to the EU General Data Protection Regulation (“GDPR”) (i.e., a data exporter) to a controller or (sub-)processor not subject to the GDPR (i.e., a data importer).

On December 10, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the European Commission’s invitation for comments on its draft implementing decision on standard contractual clauses (“SCCs”) between controllers and processors for purposes of Article 28 of the EU General Data Protection Regulation (the “GDPR”). Article 28 of the GDPR sets out specific provisions that must be executed between data controllers and processors when personal data is shared.

On December 2, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the UK Department for Digital, Culture, Media and Sport’s (“DCMS”) UK National Data Strategy  (“NDS”) consultation.

On November 18, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the Standing Committee of the National People’s Congress (“NPC”) of the People’s Republic of China on the Draft Personal Information Protection Law (“PIPL”).

On October 22, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response to the UK Department for Digital, Culture, Media and Sport (“DCMS”) call for views and evidence on its review of representative actions under Section 189 of the Data Protection Act 2018 (“DPA”). Section 189 requires the UK government to review the operation of the representative action provisions of the DPA and provide a report to Parliament by November 25, 2020.

On October 15, 2020, Brazil’s President Bolsonaro officially nominated the five Directors of the new Brazilian data protection authority (Agência Nacional de Proteção de Dados, “ANPD”), as published in the Brazilia Official Journal. The Decree establishing the ANPD, on which we reported earlier, is now fully in effect. All five nominations, however, must still be approved by the Brazilian Senate, which means there are further steps before the ANPD is fully established and operational.

On September 24, 2020, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) released a new paper (the “Paper”) on the Path Forward for International Data Transfers under the GDPR after the CJEU Schrems II Decision.

The Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) recently published a concept paper titled Why We Need Interstate Privacy Rules for the U.S.

The paper acknowledges the possibility that the U.S. may not implement a comprehensive federal privacy law in the near future, and that instead a growing patchwork of state laws will emerge. It proposes an interstate privacy interoperability code of conduct or certification as a solution to the possibility of inconsistent and disparate privacy requirements across the U.S. The paper outlines the benefits and key features of the code, as well as potential models and sources for its structure and substantive rules, such as the Asia-Pacific Economic Cooperation Cross-Border Privacy Rules (“APEC CBPR”), ISO standards, existing state privacy laws, the EU General Data Protection Regulation (“GDPR”) and key federal privacy proposals. It also discusses the process that could be used to develop the code.

In an op-ed recently published by The Richmond Times-Dispatch, former Governor of Virginia and Global Strategy Advisor of the Centre for Information Policy Leadership at Hunton Andrews Kurth Terry McAuliffe discusses why a U.S. federal privacy law is essential to economic recovery in the wake of the COVID-19 pandemic. McAuliffe highlights how the U.S., unlike other countries, lacks a comprehensive privacy law.

The Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) and the Data Security Council of India (“DSCI”) have published a report on Enabling Accountable Data Transfers from India to the United States under India’s Proposed Personal Data Protection Bill (the “Report”).

On September 1, 2020, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) and the Centro de Direito, Internet e Sociedade of Instituto Brasiliense de Direito Público (“CEDIS-IDP”) released a new paper (“Paper”) on the Top Priorities for Public and Private Organizations to Effectively Implement the New Brazilian General Data Protection Law (“LGPD”). This paper is part of their joint-project on effective implementation and regulation under the LGPD.

On August 27, 2020, the Brazilian Presidency published Decree 10.474/2020 (the “Decree”) in the Official Journal, approving the regulatory structure of the new Brazilian data protection authority (the “ANPD”) and establishing its roles. The Decree will apply after the President-Director of the ANPD is officially appointed through publication in the Official Journal.

On August 25, 2020, Hunton’s Centre for Information Policy Leadership (“CIPL”) released a new paper entitled “Data Protection in the New Decade: Lessons from COVID-19 for a US Privacy Framework.” The paper examines how the COVID-19 pandemic has emphasized the need for a U.S. federal privacy law.

On August 20, 2020, Secretary-General of the Presidency of the Republic, Jorge Antônio de Oliveira Francisco, announced that the administrative decree to create the new Brazilian data protection authority (the Autoridade Nacional de Proteção de Dados, or “ANPD”) is ready and may be published at any time, after final technical adjustments are made. The Secretary-General made this statement during his remarks at the webinar “The ANPD: from the letter of law to the practice,” jointly organized by the Centre for Information Policy Leadership (“CIPL”) and the Centro de Estudos de Direito, Internet e Sociedade of Instituto Brasiliense de Direito Público (“CEDIS-IDP”) and hosted by the news channel JOTA.

On July 8, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its White Paper (the “Paper”) as input for the European Data Protection Board’s (the “EDPB”) future guidelines on data subject rights (“DSRs”) (the “Guidelines”). The Paper, titled “Data Subject Rights under the GDPR in a Global Data Driven and Connected World,” was drafted following the EDPB stakeholders’ event on DSR in Brussels on November 4, 2019.

On May 13, 2020, Senator Alessandro Vieira presented Bill n. 2630/2020 (“Bill”) to the Brazilian Senate, which the Senate is calling the “Fake News Law.” Officially, this Bill establishes the Brazilian law of “freedom, responsibility and transparency on the internet.” It was introduced in the context of the alleged use of fake news by political parties and other public sector stakeholders in Brazil.

On June 11, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted its response (the “Response”) to the European Commission’s consultation regarding its white paper on “a European Approach to Excellence and Trust” on artificial intelligence (the “White Paper”).

On May 29, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth submitted formal comments to the European Commission’s Consultation on a European Strategy for Data (the “Strategy”).

On June 3, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published its report, What Good and Effective Data Privacy Accountability Looks Like: Mapping Organizations’ Practices to the CIPL Accountability Framework (“Report”). The Report consolidates the findings of CIPL’s Accountability Mapping Project launched in September 2019, which is part of CIPL’s broader work on the central role of organizational accountability in data privacy.

On April 28, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the European Commission’s consultation on its roadmap for the two-year evaluation of the EU General Data Protection Regulation (“GDPR”) (the “Response”).

On April 29, 2020, the Brazilian President issued Provisional Measure #959/2020, which provisionally delays the applicability date of the Brazilian data protection law (Lei Geral de Proteção de Dados Pessoais – “LGPD”) to May 3, 2021.

On April 16, 2020, the Centre for Information Policy Leadership (“CIPL”), in collaboration with the Centro de Estudos de Direito, Internet e Sociedade of Instituto Brasiliense de Direito Público (“CEDIS-IDP”), published a White Paper (the “White Paper”) on the Role of the Brazilian Data Protection Authority (“ANPD”) under Brazil’s New Data Protection Law (“LGPD”). The White Paper is accompanied by two infographics: 1) the priorities of the Agência Nacional de Proteção de Dados, and 2) the case for an effective Brazil DPA - the ANPD.

On April 14, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published an article entitled “COVID-19 Meets Privacy: A Case Study for Accountability” (the “Article”).

On March 12, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the Office of the Privacy Commissioner of Canada (“OPC”) in response to its proposals for ensuring appropriate regulation of artificial intelligence (“AI”).

On March 9, 2020, the APEC Cross-Border Privacy Rules (“CBPR”) system Joint Oversight Panel approved the Philippines’ application to join the APEC CBPR system. The Philippines becomes the ninth APEC economy to join the CBPR system, joining the United States, Mexico, Canada, Japan, South Korea, Singapore, Chinese Taipei and Australia.

The Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) issued a Bulletin on sharing and protecting patients’ protected health information (“PHI”) in compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) during the COVID-19 national emergency. The Bulletin emphasizes that the HIPAA Privacy Rule is still in effect during this national emergency, but that HIPAA-covered entities may use or disclose patients’ PHI when necessary to treat a patient, to protect the nation’s public health and for other critical purposes.

The International Trade Administration at the U.S. Department of Commerce recently announced that NCC Group has been approved as a U.S. Accountability Agent under the APEC Cross-Border Privacy Rules (“CBPR”) system. NCC Group joins TrustArc and Schellman as the third U.S. Accountability Agent under the CBPR and the sixth Accountability Agent approved under the system overall. NCC Group will now be able to independently assess and certify the compliance of U.S. companies under the APEC CBPR system and under the APEC Privacy Recognition for Processors (“PRP”), a corollary system to the CBPR specifically for processors.
On March 19, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published a Q&A on the APEC CBPR and PRP systems. The Q&A is designed to explain the workings of both systems, who is currently participating in them and how interested companies can certify.

Hunton’s Centre for Information Policy Leadership (“CIPL”) reports on the top privacy-related priorities for this year:

1.  Global Convergence and Interoperability between Privacy Regimes

Around the world, new privacy laws are coming into force and outdated laws continue to be updated: the EU General Data Protection Regulation (“GDPR”), Brazil’s Lei Geral de Proteção de Dados Pessoais (“LGPD”), Thailand’s Personal Data Protection Act, India’s and Indonesia’s proposed bills, California’s Consumer Privacy Act (“CCPA”), and the various efforts in the rest of the United States at the federal and state levels. This proliferation of privacy laws is bound to continue.

On March 12, 2020, the Centre for Information Policy Leadership (“CIPL”), in collaboration with Hunton Andrews Kurth LLP, published its legal note, “Artificial Intelligence and Data Protection: How the GDPR Regulates AI.”

On February 27, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP published the second report in its project on Artificial Intelligence (“AI”) and Data Protection: Delivering Sustainable AI Accountability in Practice.

On January 27, 2020, CISCO released its 2020 Data Privacy Benchmark Study entitled “From Privacy to Profit: Achieving Positive Returns on Privacy Investments” (the “Study”). The Study explores the return on investing in privacy compliance for organizations, examines how such return correlates with an organization’s accountability level and details the value of privacy certifications in the buying process. To measure organizations’ accountability level, CISCO used the CIPL Accountability Wheel, a privacy accountability framework developed by the Centre for Information Policy Leadership. More than 2,500 respondents took part in the Study from across 13 countries.

On January 30, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the Department of Telecommunications at the Brazilian Ministry of Science, Technology, Innovations and Communications (“MCTIC”) on its public consultation on creating a national Artificial Intelligence (“AI”) strategy for Brazil (the “Consultation”).

On January 16, 2020, the Senate approved the United States-Mexico-Canada Agreement (“USMCA”), sending it to the President’s desk for ratification. Mexico ratified the Agreement in June 2019, and Canada is expected to follow suit later this month. To coincide with its ratification, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth issued a white paper entitled What Does the USMCA Mean for a U.S. Federal Privacy Law?

On November 13, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth issued a discussion paper on “Organizational Accountability in Light of FTC Consent Orders” (the “Discussion Paper”). The Discussion Paper examines the recent $5 billion FTC settlement with Facebook, which resulted from Facebook’s alleged violation of a prior 2012 FTC consent order, and the recent $575 million FTC settlement with Equifax, related to its 2017 data breach.

Hunton Andrews Kurth LLP announced today that former Virginia Gov. Terry McAuliffe has joined the firm as global strategy advisor at the Centre for Information Policy Leadership (“CIPL”), the firm’s global privacy and cybersecurity think tank.

On September 25, 2019, the Centre for Information Policy Leadership at Hunton Andrews Kurth (“CIPL”) and the Instituto Brasiliense de Direito Público (“IDP”) had the first of a series of workshops for their joint project on “Brazilian Data Protection Implementation and Effective Regulation.” This is an exclusive project that aims to contribute to the debates around the Brazilian Data Protection Law (Lei Geral de Proteção de Dados Pessoais (“LGPD”)), including the development of good practices for data governance and the implementation and enforcement of this law. As part of this project, CIPL will organize additional multi-stakeholder workshops, webinars and training sessions, and prepare white papers on key topics for data protection in Brazil.

On September 27, 2019, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP submitted comments on Innovation, Science and Economic Development Canada’s Proposals to Modernize the Personal Information Protection and Electronic Documents Act (“PIPEDA”) (the “Comments”).

On September 6, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the European Data Protection Board (the “EDPB”) on its draft guidelines on processing of personal data through video devices (the “Guidelines”). The Guidelines were adopted on July 10, 2019, for public consultation.

The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP is pleased to announce Matthew Starr and Giovanna Carloni have joined CIPL, adding to its expertise in global privacy and data protection policy.

On August 7, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP issued a white paper titled Key Issues Relating to Standard Contractual Clauses for International Transfers and the Way Forward for New Standard Contractual Clauses under the GDPR (the “White Paper”). The White Paper was submitted to the European Commission as part of its ongoing work to update EU Standard Contractual Clauses for international transfers (“SCCs”).