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Privacy and Cybersecurity Law Deskbook, 2022 Edition

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Overview

Privacy and Cybersecurity Law Deskbook

An essential compliance tool for every privacy officer and attorney involved in managing privacy and data security issues, Privacy and Cybersecurity Law Deskbook provides the thorough, practical, sector-specific guidance that helps you meet today's challenges and minimize the risk of data breaches that can damage a company's reputation.

Keep abreast of the latest developments to comply with privacy and cybersecurity laws—across the country and around the world.

Only Privacy and Cybersecurity Law Deskbook makes it simple to:

  • Comply with global data protection laws
  • Navigate the various state-by-state breach notification requirements
  • Keep completely current on emerging legal trends

Written by one of the world's foremost legal practitioners in the field, Privacy and Cybersecurity Law Deskbook (formerly titled Privacy and Data Law Deskbook) has been updated in this 2022 Edition to include:

  • The groundbreaking California Consumer Privacy Act of 2018 (CCPA), the California Privacy Rights Act of 2020 (CPRA), the Virginia Consumer Data Protection Act (VCDPA), and related state laws
  • The United Kingdom's (UK's) departure from the European Union (EU) (Brexit)
  • The Schrems II decision regarding data transfers from the EU
  • New data protection laws in China and New Zealand
  • The significant rulings in In re Capital One Customer Data Security Breach Litigation and similar cases regarding the ability to withhold breach-related forensic reports under the work product doctrine
  • Recent Federal Trade Commission (FTC) enforcement actions for alleged privacy and information security violations, including Zoom Video Communications, Flo Health, Cambridge Analytica, and YouTube
  • Washington State's new recent law establishing safeguards for the use of facial recognition technology by state and local government agencies and local facial recognition ordinances in Portland, Oregon, and New York City
  • Updates from the U.S. Department of Health and Human Services (HHS) regarding the applicability of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to the COVID-19 pandemic response
  • The applicability of confidentiality provisions of the Americans with Disabilities Act to employer contact tracing and employer-mandated vaccination programs in response to the COVID-19 pandemic
  • An action brought under the New York Department of Financial Services Cybersecurity Regulation, marking the agency's first enforcement action since the rules went into the effect in March 2017
  • Recent FTC and state enforcement actions under the Children's Online Privacy Protection Act of 1998 (COPPA), including the latest developments regarding multiple states' COPPA enforcement litigation in the context of education technology providers treating schools as agents for parental notice and consent
  • Updates regarding the Federal Communications Commission's adoption of rules pursuant to the Telephone Abuse Criminal Enforcement and Deterrence (TRACED) Act, imposing authentication requirements on voice service providers
  • Recent increase in FTC and Consumer Financial Protection Bureau enforcement under the Fair Credit Reporting Act (FCRA)

Note: Online subscriptions are for three-month periods.

Publish Date 08/05/2021
Publish Frequency Semi-annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
ISBN 9781543838619
SKU 10089207-7777
Publish Frequency Semi-annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010048358
Table of Contents

Preface

PART I
OVERVIEW OF GLOBAL PRIVACY LAW

Chapter 1
OVERVIEW OF GLOBAL PRIVACY AND DATA SECURITY LAW REGIMES

§1.01

United States Privacy and Data Security Framework

§1.02

European Union Data Protection Framework

§1.03

Other Jurisdictions

§1.04

Data Localization

§1.05

Conclusion

PART II
U.S. PRIVACY LAW

Chapter 2
FAIR CREDIT REPORTING ACT

§2.01

Introduction

§2.02

Fair Credit Reporting Act

§2.03

Fair and Accurate Credit Transactions Act

Chapter 3
FINANCIAL PRIVACY

§3.01

Introduction to Financial Privacy

§3.02

Gramm-Leach-Bliley Act

§3.03

Cybersecurity Issues

§3.04

Social Media in the Financial Sector

§3.05

State Financial Privacy Laws

§3.06

Right to Financial Privacy Act of 1978

Chapter 4
PRIVACY OF HEALTH INFORMATION

§4.01

Introduction to Privacy of Health Information

§4.02

Health Insurance Portability and Accountability Act of 1996

§4.03

Genetic Information Nondiscrimination Act of 2008

§4.04

State Laws

Chapter 5
CHILDREN'S AND STUDENTS' PRIVACY

§5.01

Introduction to Children's and Students' Privacy

§5.02

Children's Privacy

§5.03

Student Privacy

Chapter 6
TELECOMMUNICATIONS AND CABLE PRIVACY

§6.01

Introduction to Telecommunications and Cable Privacy

§6.02

Telecommunications Act of 1996

§6.03

Telephone Records and Privacy Protection Act

§6.04

Cable Subscriber Privacy Rules

§6.05

FCC Broadband Consumer Privacy Rules

§6.06

Telephone Consumer Protection Act and TRACED Act

Chapter 7
DRIVER'S PRIVACY PROTECTION ACT

§7.01

Introduction to the Driver's Privacy Protection Act

§7.02

Prohibitions and Exceptions

§7.03

Resale and Redisclosure of Personal Information

§7.04

Civil and Criminal Liability

§7.05

State Statutes

§7.06

Case Law

Chapter 8
PRIVACY OF VIDEO RECORDS

§8.01

Introduction to Privacy of Video Records

§8.02

Limitations on Disclosure

§8.03

Destruction of Personally Identifiable Information

§8.04

Competing Views on Applicability of the Law

§8.05

Personally Identifiable Information

§8.06

“Consumers” Under the VPPA

§8.07

Penalties

§8.08

Relationship of Federal Law to State Law

Chapter 9
MARKETING AND PRIVACY

§9.01

Introduction to Marketing and Privacy

§9.02

Direct Postal Mail Marketing

§9.03

Email Marketing

§9.04

Telemarketing

§9.05

Mobile Marketing: SMS and MSCMs

§9.06

Facsimile Advertising

§9.07

California's “Shine the Light” Law

§9.08

California's Song-Beverly Credit Card Act of 1971 and Other State Analogs

§9.09

Online Behavioral Advertising

§9.10

Biometric and Geolocation Data

§9.11

Privacy Seal Programs

§9.12

Political Advertising

Chapter 10
WORKPLACE PRIVACY

§10.01

Introduction to Workplace Privacy

§10.02

Labor and Employment Laws

§10.03

Background Screening of Employees and Applicants

§10.04

Disposal of Employee Personal Information

§10.05

Protection of Social Security Numbers

§10.06

Health Information

§10.07

Workplace Monitoring

§10.08

Privacy Torts

Chapter 11
PRIVACY POLICIES

§11.01

Introduction to Privacy Policies

§11.02

Federal Requirements

§11.03

State Law

§11.04

FTC Enforcement Actions

§11.05

Case Law

§11.06

Conclusion

Chapter 12
SURVEILLANCE LAW

§12.01

Introduction to Surveillance Law

§12.02

Electronic Communications Privacy Act of 1986

§12.03

Computer Fraud and Abuse Act

§12.04

Foreign Intelligence Surveillance Act

§12.05

State Surveillance Laws

Chapter 13
CYBERSECURITY AND INFORMATION SAFEGUARDS

§13.01

Introduction to Cybersecurity and Information Safeguards

§13.02

Gramm-Leach-Bliley Act

§13.03

Health Insurance Portability and Accountability Act of 1996

§13.04

Cybersecurity Information Sharing Act of 2015

§13.05

Federal Information Security Management Act

§13.06

Sarbanes-Oxley Act of 2002

§13.07

Red Flags Rule

§13.08

State Information Security Requirements

§13.09

Records Disposal Requirements

§13.10

Anti-Spyware Laws

§13.11

ISO 27001 and 17799/27002

§13.12

Statement on Standards for Attestation Engagements 16 and SOC 1, 2, and 3 Reports

§13.13

Payment Card Industry Data Security Standard

§13.14

FTC Internet of Things Guidance

§13.15

Federal Trade Commission “Start with Security” Guidance

§13.16

Cybersecurity Executive Orders

§13.17

Cybersecurity in the Financial Sector

§13.18

Cybersecurity Regulatory Developments Outside the United States

§13.19

Developing an Information Security Program

§13.20

Preventing Data Leaks

§13.21

Information Security Issues in Cloud Computing

§13.22

Ransomware Prevention and Response Guidance

§13.23

The Importance of Cybersecurity in Corporate Transactions

§13.24

The Role of the Board in Cybersecurity Governance

Chapter 14
DATA BREACH NOTIFICATION LAWS

§14.01

Introduction to Data Breach Notification Laws

§14.02

State Security Breach Notification Requirements

§14.03

Federal Breach Notification Requirements

§14.04

How to Prepare for a Security Breach

§14.05

How to Respond to a Security Breach

Chapter 15
CALIFORNIA CONSUMER PRIVACY ACT OF 2018 AND RELATED STATES LAWS

§15.01

California Consumer Privacy Act of 2018

§15.02

Virginia Consumer Data Protection Act

§15.03

Other State Laws and Related Legislative Efforts

Chapter 16
FTC AND STATE ENFORCEMENT

§16.01

Section 5 of the Federal Trade Commission Act

§16.02

Enforcement Under State “Little FTC Acts”

Chapter 17
PRIVACY TORTS

§17.01

Introduction to Privacy Torts

§17.02

Intrusion upon Seclusion

§17.03

Reasonable Expectation of Privacy

§17.04

Reduction of Damages

§17.05

Appropriation of Name or Likeness

§17.06

Public Disclosure of Private Facts

§17.07

False Light

PART III
INTERNATIONAL PRIVACY AND DATA PROTECTION LAWS

Chapter 18
EUROPEAN UNION DATA PROTECTION LAW

§18.01

Introduction to European Union Data Protection Law

§18.02

EU Data Protection Framework

Chapter 19
SELECT GLOBAL PRIVACY LAWS

§19.01

Introduction to Select Global Privacy Laws

§19.02

Argentina

§19.03

Australia

§19.04

Brazil

§19.05

Canada

§19.06

China

§19.07

Hong Kong

§19.08

India

§19.09

Israel

§19.10

Japan

§19.11

Mexico

§19.12

New Zealand

§19.13

Philippines

§19.14

Russia

§19.15

Singapore

§19.16

South Africa

§19.17

South Korea

§19.18

Taiwan

§19.19

Thailand

§19.20

United Arab Emirates

Appendix A
SELECTED SECURITY BREACH NOTIFICATION LAWS

Appendix B
SELECTED STATE DATA SECURITY LAWS

Appendix C
SELECTED STATE RECORDS DISPOSAL LAW

Appendix D
Selected State Social Security Number Protection Laws

Appendix E
Selected State Do-Not-Fax Laws

Appendix F
Selected State Telephone-Monitoring Laws

Appendix G
Federal Trade Commission: Selected Section 5 Enforcement Actions

Appendix H
Model GLB Notices

Appendix I
HIPAA Model Notices of Privacy Practices

Appendix J
HIPAA Model Business Associate Contracts

Appendix K
EU Standard Contractual Clauses

Appendix L
Binding Corporate Rules: Official Documents

Appendix M
EU-U.S. Privacy Shield: Principles and Supplemental Principles

About The Experts
Testimonials

See what our clients are saying:

“Lisa Sotto has done the field an enormous service by gathering and analyzing the myriad standards that apply to data. This is an indispensable tool for anyone working in the field of privacy.”
—TREVOR HUGHES, PRESIDENT AND CEO, International Association of Privacy Professionals

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