On July 16, 2020, the Court of Justice of the European Union (CJEU) invalidated Decision 2016/1250 on the adequacy of the protection provided by the EU-US Privacy Shield, ruling, among other things, that U.S. domestic law governing law enforcement access to transferred data does not satisfy the GDPR’s requirements because, as the Court stated, U.S. surveillance programs are not limited to “what is strictly necessary to achieve the legitimate objective in question”. In a separate portion of the opinion, however, the CJEU upheld as valid Commission Decision 2010/87 on standard contractual clauses (SCCs) for the transfer of personal data to processors established in third countries. This is the second ruling (known commonly as “Schrems II”) by the CJEU overturning an established mechanism to transfer personal data from the EU to the U.S. Indeed, only five years ago the CJEU issued its “Schrems I” decision invalidating the long-standing EU-U.S. Safe Harbor, which had been a method to transfer data across the Atlantic without running afoul of the EU Data Protection Directive, a predecessor of the GDPR.
The developing coronavirus pandemic affects businesses and personnel within the state and elsewhere. With more New Yorkers working from home, there are more opportunities for cyberattacks through unsecure remote connections and the public concern growing each day.
The New York SHIELD (“Stop Hacks and Improve Electronic Data Security”) Act was signed to law on July 25, 2019. It is an amendment to New York’s data breach notification law. The SHIELD Act provides a number of changes that we reported last year, including expanding the definitions of “private information” and “breach.” The definition of “private information” now covers emails and passwords or security questions and answers, credit card details, and biometric data among others. A “breach of the security system” now covers unauthorized access, where such access may have occurred if “the information was viewed, communicated with, used, or altered” without authorization.
Reflecting the movement to toughen data security laws on a state-by-state basis, on July 25, 2019, Governor Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (the “SHIELD Act” or the “Act”). The Act amends New York State’s current data breach notification law, which covers breaches…