Tag Archives: Alexander H. Southwell

U.S. Cybersecurity and Data Privacy Outlook and Review – 2024

by Alexander H. Southwell and Snezhana Stadnik Tapia

Photos of authors

From left to right: Alexander H. Southwell and Snezhana Stadnik Tapia (photos courtesy of Gibson, Dunn & Crutcher LLP)

As with previous years, the privacy and cybersecurity landscape continued to evolve substantially over the course of 2023. We recently provided a review of some of the most significant developments on this topic in the U.S. in the eleventh edition of Gibson Dunn’s U.S. Cybersecurity and Data Privacy Outlook and Review.

Below we summarize the past year’s developments and future prospects, including the wave of new privacy and cyber legal and regulatory advances at the federal and state levels. This past year, states continued to take the lead on enacting privacy legislation and branches of the federal government focused on data security, sensitive data, and artificial intelligence (“AI”). The surge of civil litigation with respect to web-tracking technologies also endured. In 2024, we expect an amplified focus on privacy and cybersecurity issues, as well as with respect to emerging technologies such as AI, to continue.

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U.S. Cybersecurity and Data Privacy Outlook and Review – 2023

by Alexander H. Southwell and Snezhana Stadnik Tapia

Left to right: Alexander H. Southwell and Snezhana Stadnik Tapia. (Photos courtesy of Gibson Dunn & Crutcher LLP)

As with recent years, privacy and cybersecurity law and policy continued to evolve substantially over the course of 2022 in an effort to keep up with technological developments and shifting consumer expectations and policy priorities. Recently, in the tenth edition of Gibson Dunn’s U.S. Cybersecurity and Data Privacy Outlook and Review, we provided a review of some of the most significant developments on this topic in the U.S.

Below we summarize the past year’s developments and future prospects, including the wave of new privacy and cyber laws and regulations at the federal and state levels due in large part to increased attention on protective privacy and cyber hygiene. This past year also saw a substantial uptick in scrutiny and enforcement by federal and state regulators, as well as civil litigation, and we expect this amplified focus on privacy and cybersecurity issues to continue. Although the full impact of these developments is yet to be realized, one thing is clear: in 2023, the flurry of regulatory, enforcement, and litigation activity will likely continue and require close monitoring.

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China Constricts Sharing of In-Country Corporate and Personal Data Through New Legislation

by Patrick F. Stokes, Oliver Welch, Nicole Lee, Ning Ning, Kelly S. Austin, Judith Alison Lee, Adam M. Smith, John D.W. Partridge, F. Joseph Warin, Joel M. Cohen, Ryan T. Bergsieker, Stephanie Brooker, John W.F. Chesley, Connell O’Neill, Richard Roeder, Michael Scanlon, Benno Schwarz, Alexander H. Southwell, and Michael Walther

The People’s Republic of China is clamping down on the extraction of litigation- and investigation-related corporate and personal data from China—and this may squeeze litigants and investigation subjects in the future.  Under a new data security law enacted late last week and an impending personal information protection law, China is set to constrict sharing broad swaths of personal and corporate data outside its borders.  Both statutes would require companies to obtain the approval of a yet-to-be-identified branch of the Chinese government before providing data to non-Chinese judicial or law enforcement entities.  As detailed below, these laws could have far-reaching implications for companies and individuals seeking to provide data to foreign courts or enforcement agencies in the context of government investigations or litigation, and appear to expand the data transfer restrictions set forth in other recent Chinese laws.[1]

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