Thought Leadership

Privacy Flash Five - August 2021

Client Updates
Our data privacy video series brings you five key developments each month. In this episode, Partner Cynthia Cole provides the five key takeaways from this month's news from across the global privacy landscape.

1. Globetrotting Privacy: China

China has passed a long-awaited Data Privacy Law which gives users, and Beijing, more scrutiny over the use of personal information within its borders. The law provides for more centralized control over internet content and companies operating in China or 
collecting the data of Chinese residents. 

2. Biden signs Executive Order on Competition and the DOJ and FTC get to work on Merger Guidelines

In response to Biden’s executive order, the DOJ and FTC have said that they will jointly review the horizontal and vertical merger guidelines. Experts expect this to have an economy-wide impact, not just focused on one particular industry with emphasis on structure of markets as opposed to a consumer welfare standard or effects-based analysis.

3. Momentum: CCPA Enforcement and Data Breach Litigation 

CCPA enforcement continues under California’s new attorney general. The California Privacy Protection Agency is up, but not quite running, and litigation is starting to generate decisions that companies should be watching, especially with respect to the CCPA’s private right of action for data breach.

4. Cybersecurity for Critical Infrastructure Returns to the Forefront of Lawmaker Focus 

In response to the increase in high-profile ransomware attacks, the U.S. House of Representatives has passed two bills that would expand the power of the Department of Energy to regulate and mitigate cybersecurity threats to critical infrastructure.

5. The Machine Did It: Liability in Artificial Intelligence

As the use of artificial intelligence increases in corporate America, so does scrutiny. Claims that the machine did it are butting up against product liability and prohibitions on solely automated decision-making.

Baker Botts recognizes that data-protection and privacy issues are a concern for all companies that gather, store, or process the sensitive or personal information of their customers, third parties or employees. Privacy regulations around the world change constantly and the growth in technology available to transfer, manipulate, process, and access data shows no sign of abating. Learn more about our Privacy and Data Security practice here.

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