Thought Leadership

Privacy Flash Five - October 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. FTC Rethinking Surveillance Advertising

At this month’s IAPP Privacy, Security, Risk conference, Commissioner Slaughter’s closing remarks emphasized the FTC’s new direction on digital surveillance, notice and choice and data minimization. 
2. Watch Your Hypothetical Risk Factors
The SEC is paying closer attention to data security hypotheticals in risk factors and won’t hesitate to penalize companies for a risk factor that it deems misleading and should be characterized as a known harm.  

3. California Privacy Enforcement to Heat Up as Regulation Matures 
The California attorney general's willingness to work with companies to comply with the CCPA was on full display in its first year of enforcement, but pressure is expected to ramp up as businesses lose their ability to cure deficiencies as of 2023 and consumers are given more power to flag violations.

4. Senators Turn Up Heat On Congress to Pass Federal Privacy Law 

Top Republicans on the U.S. Senate Commerce Committee are railing against the FTC’s push to use its powers to strengthen online privacy protections, asserting that only Congress has the authority to create such rules and backing a bipartisan call for lawmakers to enact a long-elusive federal privacy framework this year.

5. TSA Releases New Cybersecurity Requirements 

Cybersecurity regulations are now being applied to the rail and aviation sector as the Biden administration continues a general program of strengthening the country’s online defenses for its critical infrastructure.

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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