Eversheds Sutherland Cybersecurity and Privacy Insights Blog
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Updata: Your quarterly data privacy and cybersecurity update – April to June 2021 – Edition 12

Welcome to the latest edition of Updata – the international update from Eversheds Sutherland’s dedicated Privacy and Cybersecurity team. Updata provides you with a compilation of privacy and cybersecurity regulatory and legal updates from our contributors in the US and around the globe over the past quarter. The most recent edition is full of newsworthy items, including the new...

Colorado’s new privacy law: How it stacks up against other US privacy laws

Companies compliant with the GDPR and similar US state laws will have a substantial headstart with the Colorado Privacy Act. Recognizing the key differences will enable organizations with a well-designed compliance program to efficiently accommodate all these laws. The law provides for a mandatory universal consumer opt-out of targeted advertising, data sales and profiling.The Colorado...

Once more out of the breach: SCOTUS resolves the CFAA circuit split

The United States Supreme Court took a narrow view of what the Computer Fraud and Abuse Act (the federal anti-hacking act) prohibits. SCOTUS ruled last week that the CFAA’s “exceed authorized access” language does not reach those who have authorized access but who use their access for prohibited purposes.The ruling will likely be celebrated by cybersecurity practitioners but may prompt...

US House AI Task Force is the latest authority to address algorithms and racism

On May 7, 2021, the US House of Representative’s Task Force on Artificial Intelligence (AI) held a hearing on “Equitable Algorithms: How Human-Centered AI can Address Systemic Racism and Racial Justice in Housing and Financial Services.” 1 It was the latest among several federal, state and international governmental initiatives calling for fair, transparent and accountable AI in the...

Vaccinations in the Workplace: The Privacy Conundrum

COVID-19 vaccines are now widely available, signaling an eventual return to work. That is certainly welcome news for employees and employers alike, but employers are finding themselves in an unprecedented quandary—whether they can condition workforce re-entry on proof of employee vaccinations. The Equal Employment Opportunity Commission (EEOC) and state legislatures have generally...

Getting back when HACT: Congress’s idea to provide redress to recent cyberattacks

Amidst the ever-worsening onslaught of cyberattacks, companies are longing to go on the offensive, whether by “hacking-back” or by going after malicious actors in US courts. While Congress has previously refused to enable the former, it now appears more open to the latter, particularly with the introduction of the Homeland and Cyber Threat Act (the HACT Act): The HACT Act, if passed,...

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