Privacy and Cybersecurity Law Deskbook, 2025 Edition

Author: Lisa J. Sotto
Publisher: Wolters Kluwer Legal & Regulatory U.S.
ISBN: 9781543881783
Published In: Subscription-type (Contents updated periodically)
Format: Loose-leaf , 1404 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 15,470.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents
Reviews

Details

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 2023 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), the Colorado Privacy Act, the Utah Consumer Privacy Act (UCPA), and related state laws
The United Kingdom's departure from the European Union (EU) (Brexit)
The United States’ and European Commission’s 2022 announcement of a new framework for trans-Atlantic flows of personal data following the Schrems II
A detailed summary of the new Personal Information Protection Law (PIPL) in China
Updates to various global privacy laws, including new information about breach notification and data localization requirements
Private sector privacy initiatives, such as Apple’s App Tracking Transparency framework and Google’s Privacy Sandbox
The FDIC, Federal Reserve, and OCC’s new rule requiring banking organizations to notify their primary federal regulators within 36 hours in the event of a “notification incident”
The FTC’s 2021 Final Rule, which significantly amends the Safeguards Rule by providing additional guidance on the development and implementation of information security programs
Recent FTC enforcement actions for privacy and security violations, including under the Gramm-Leach-Bliley Act
Recent HHS and state regulator enforcement actions addressing the privacy and security of protected health information, including increases in multistate litigation involving HIPAA-related data breaches
Recent FTC and state enforcement actions under the Children's Online Privacy Protection Act of 1998 (COPPA)
Recent court cases clarifying the scope of the Driver's Privacy Protection Act
New developments in surveillance law, including Illinois’ Protecting Household Privacy Act and New York’s Civil Rights Law amendment regarding workplace monitoring
The Transportation Security Administration’s new Security Directives requiring critical pipelines and railroads to strengthen their cybersecurity practices
Numerous cybersecurity initiatives by the Biden Administration, including an Executive Order on Improving the Nation’s Cybersecurity
A detailed summary of the groundbreaking Cyber Incident Reporting for Critical Infrastructure Act of 2022
New reporting requirements surrounding ransomware payments, including OFAC’s Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments
New developments regarding the Telephone Consumer Protection Act (TCPA), including a summary of cases and orders interpreting the definition of an “autodialer”
Recent federal and state enforcement actions arising from cyber security breaches
Updates to Selected Security Breach Notification Laws
Updates to Selected State Data Security Laws

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

“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, Executive Director, International Association of Privacy Professionals (IAPP)