In a recent European Court of Justice Ruling, the court held that a test taker’s answers and an examiner’s comments with regard to those answers are personal data, while valuable proprietary test questions are not.
Privacy & Security
Arent Fox is on the cutting edge of cybersecurity and data protection laws and has experience assisting clients with all aspects of privacy, cybersecurity, and data protection. Our group serves clients in regulated spaces such as health care and telecommunications and sophisticated industries including retail, gaming and entertainment, and media.
Arent Fox’s interdisciplinary team of cybersecurity and data protection attorneys handle the full scope of data security and protection issues. We regularly advise clients on how to protect their data at every stage, from advice and counseling to investigations, incident planning and response, litigation, and even securing insurance policies to mitigate risks and liabilities. We work with companies to develop internal security and governance programs; advise businesses on the collection of data in retail locations as well as in online including via social media marketing and e-commerce platforms; and conduct internal investigations in response to critical data breaches. We also work with companies to implement privacy and data security protection by using IT agreements to control data access by their employees, reconfiguring data security when moving IT operations to the cloud, and protecting against cyber risks that can arise from third party IT vendors.
We routinely advise on the biggest trends in privacy and data security such as: handling ransomware incidents; cyber threat and new technology systems; NIST, ISO, PCI-DSS, and other security standards; payment security and mobile payment trends; aggregate and anonymized data collection in advertising; FTC guidance and enforcement; the Internet of Things; cross-border data transfer issues; the EU General Data Protection Regulation (GDPR); health information privacy, security, and breach notification; as well as federal- and state-level regulatory compliance.
Last month, the SEC announced the creation of a new “Cyber Unit” within the Enforcement Division to target misconduct related to cybersecurity. The unit is being created in conjunction with internal SEC initiatives to strengthen cybersecurity in the wake of the agency’s infamous data breach last year.
The latest question in privacy law is not what’s in a name (or IP address, PHI, TV viewing activity, etc.), but what’s on a face. Consumers are becoming increasingly concerned with how companies are using their biometric information such as facial, fingerprint, and iris information. In one closely watched case, photo sharing website Shutterfly faces allegations that it violated consumer privacy by collecting facial scans without consent.
Just as the Sword in the Stone could only be used by its rightful owner, the Privacy Shield can only be claimed by the rightfully certified entities. If not, false representations may stir Federal Trade Commission action. The FTC recently announced their first enforcement actions involving the EU-US Privacy Shield framework, settling complaints with three US companies.
ABOUT ARENT FOX LLP
Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.