Thought Leadership

Privacy Flash Five - September 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. Despite the absence of cyber-specific regulations, the SEC Continues Cybersecurity Focus in Enforcement

The SEC continues its cybersecurity focus, this time with the recent announcement of three settled enforcement actions against investment advisers and broker dealers based on deficient cybersecurity procedures.
2. California Privacy Protection Agency Circulates Proposed Rulemaking 
The California Privacy Protection Agency circulated proposed rulemaking for public comment with comments due by November 8, 2021.

The topics released for comment include:

- Processing that presents a significant risk to consumer privacy or security;
- automated decision-making;
- and consumers’ rights

3. Senate Hearings on Consumer Privacy

On September 29, U.S. Senator Maria Cantwell, Chair of the Senate Committee on Commerce, Science and Transportation, convened a hearing on better safeguards to consumer privacy rights, including the possible creation of a privacy bureau at the FTC and the need for a comprehensive federal privacy law.

4. In Re Blackbaud Shows State Muscle in Data Breach Litigation

The In Re Blackbaud multi-district litigation provides insight into what we can expect from the newest state consumer data privacy laws tested in the courts. Among other issues that survived motions to dismiss was the CCPA’s Service Provider definition and whether a Service Provider can be a Business under that statute as well.

5. Google and Apple Continue Privacy Push

Beyond the CCPA and the CPRA, many big tech companies are rolling out their own specific privacy initiatives and enforcing them with individuals and platform users alike.

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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