Cybersecurity

In this blog post, we breakdown the new Vietnamese cybersecurity regulations which apply to both Vietnamese and foreign organisations. Alongside the ongoing consultation for the Ministry of Public Security’s proposed data law, Vietnam is taking steps to move towards a data protection compliance regime in line with other countries and regions, such as the EU – something of particular relevance in a country with one of highest internet user growth rate (nearly 80 million internet users).

What Is the CAS Decree?

The Cybersecurity Administrative Sanctions Decree (CAS Decree) is a decree unveiled by the Vietnamese Ministry of Security to the Ministry of Justice in mid-May 2024.

The first draft was published for consultation in September 2021 and has undergone multiple revisions following public consultations.Continue Reading Summarising the New Vietnamese Cybersecurity Regulations

State legislatures across the country were busy in 2023 and so far this year passing comprehensive consumer privacy laws and creating a vexing patchwork of compliance obligations.

Legislatures in Iowa, Indiana, Tennessee, Montana, Florida, Texas, Oregon, Delaware, New Jersey, New Hampshire, Kentucky, Maryland, Nebraska and Minnesota all enacted consumer privacy laws of their own with an additional consumer privacy law in Vermont awaiting action by the Governor. The fifteen laws passed in 2023 and 2024 join laws in California, Virginia, Colorado, Utah, and Connecticut which already are in effect. A chart at the end of this blog post notes each law’s effective date, three of which are effective at the end of this month.

While inspired by the EU General Data Protection Regulation and the California Consumer Privacy Act (“CCPA”), the new state consumer privacy laws take materially different approaches in many ways. States also have passed more targeted privacy laws pertaining specifically to consumer health data (beyond treating it as a category of sensitive personal data), the protection of children (beyond limiting the use of personal data), AI-specific laws (not part of a comprehensive consumer data regime) and laws regulating data brokers (typically controllers that sell personal data they do not directly collect from consumers). Congress continues to consider a federal law that would mostly preempt the state consumer privacy laws, as well as other laws specific to children’s online safety with partial preemption. In the meantime, data controllers (and to a lesser degree processors) face the challenge of determining which state consumer privacy laws apply and whether to apply applicable laws based on consumer residency or to apply a national highest standard to all consumers.

The SPB privacy team has developed a comprehensive guide on state consumer privacy laws, including comparison charts on key issues to help determine which laws apply and tips for enhancing information governance. Most of the new state consumer privacy laws require controllers to conduct and retain documentation of data privacy impact or risk assessments. Minnesota’s new consumer privacy law also requires a documented privacy compliance program reasonably designed to ensure compliance and data inventories. The most recent draft of the federal privacy law mandates privacy-by-design.

Following are some highlights of the emerging ‘high water mark’ (strictest requirement) for key aspects of consumer privacy in the United States:Continue Reading State Privacy Law Patchwork Presents Challenges

On 5 June 2024, the Australian Information Commissioner commenced civil penalty proceedings in the Australian Federal Court against Medibank Private Limited (an Australian health insurance provider) in relation to its notorious data breach in October 2022.

To bring you back up to speed on the Medibank data breach, on 25 October 2022, Medibank notified the

In May 2024 alone, Singapore’s data protection regulator, the Personal Data Protection Commission (Commission) has issued three enforcement decisions that imposed a total of SG$102,000 (approximately US$76,000) in regulatory fines for infringements of Singapore’s Personal Data Protection Act (Act).Continue Reading Singapore Ramps Up Data Protection Enforcement – Five Useful Takeaways

Last week was a busy one for AI regulation. The week started and ended with big news from Colorado: on Monday, Colorado’s legislature passed “Concerning Consumer Protections in Interactions with Artificial Intelligence Systems” (SB 24-205) (Colorado AI Law) and, on Friday, Governor Jared Polis (D) signed the Colorado AI Law “with reservations” according to his letter to Colorado’s legislature. Although the Colorado legislature is the first U.S. lawmaker to pass general AI legislation, Colorado’s Governor has expressly invited Congress to replace the Colorado AI Law with a national regulatory scheme before the Colorado AI Law’s February 1, 2026, effective date.Continue Reading All Eyes on AI: Colorado Governor Throws Down the Gauntlet on AI Regulation After Colorado General Assembly Passes the Nation’s First AI Law

PrivacyWorld is pleased to report that the first part of a two-part article comparing Kentucky, Maryland and Nebraska’s new consumer privacy laws was published by OneTrust Data Guidance. These three state privacy laws were the 3rd, 4th and 5th laws enacted in 2024, following the new consumer privacy laws in New Hampshire and New Jersey enacted in January.Continue Reading OneTrust DataGuidance Publishes Team SPB’s Comparison of the Kentucky, Maryland and Nebraska Consumer Privacy Laws – Part 1

On 7 May 2024, Singapore’s Parliament introduced an Accounting and Corporate Regulatory Authority of Singapore (ACRA) Registry and Regulatory Enhancements Bill (Bill), which will limit public disclosures of company directors’ residential addresses on the business registry in Singapore.Continue Reading Singapore Looks to Tighten Corporate Disclosures of Directors’ Personal Data

Op-ed on what we know of the EDPB opinion on Pay or OK

April 17, 2024, 5:15 p.m. (Brussels)

Today, the EDPB plenary had a moment. It discussed an opinion on the Pay or OK models for social media. It was not its role, but it was likely trapped to do, as Art. 64(2) GDPR didn’t consider that national data protection authorities would sometimes use tactics similar to privacy activists to weaponize fundamental rights in a fight that has very little to do with privacy at its core. The discussion is much more about the Internet we want (or not).

“In most cases, it will not be possible for large online platforms to comply with the requirements for valid consent if they confront users only with a binary choice between consenting to processing of personal data for behavioral advertising purposes and paying a fee” says the opinion (according to the leak from POLITICO).Continue Reading When the EDPB is Weaponized, It Is Our Privacy That Is at Risk

In a Nutshell

On 17 April 2024, the Cybersecurity Agency of Singapore (Agency) issued a response to public feedback received on a draft amendment to its cybersecurity law.

This draft amendment of the Cybersecurity Bill (Bill) was published as part of a public consultation exercise from 15 December 2023 to 15 January 2024.

Our earlier post about this consultation can be accessed here.Continue Reading Singapore Progresses Towards Amended Cybersecurity Law

1. Introduction

The Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law has been concluded by the Council of Europe (CoE) Committee on Artificial Intelligence on March 24, 2024, finally landing a decisive blow with a provisional agreement on the text of a treaty on artificial intelligence and human rights (Treaty).

This Treaty is the first of its kind and aims to establish basic rules to govern AI that safeguard human rights, democratic values and the rule of law among nations. As a CoE treaty, it is open for ratification by countries worldwide. It is worth noting that in this epic battlefield, apart from the CoE members in one corner of the global arena, on the opposite corner, representing various nations like the US, the UK, Canada and Japan, we have the observers, eyeing the proceedings, ready to pounce with their influence. Although lacking voting rights, their mere presence sends shockwaves through the negotiating ring, influencing the very essence of the Treaty.Continue Reading Heavyweight Fight, Did the US or EU KO the AI Treaty?