A Legal Guide to PRIVACY AND DATA SECURITY 2024

USA Patriot Act of 2001 amended a number of electronic surveillance and other laws to allow for easier access to information by government authorities. USA Freedom Act of 2015 enacted surveillance reforms including the end of the National Security Agency’s bulk collection of phone records and imposed other limits on the government collection of personal information. Video Voyeurism Prevention Act of 2004, 18 U.S.C. § 1801 makes it a crime to capture nude images of people when on federal property where the individuals would have a reasonable expectation of privacy. The Securities and Exchange Commission (SEC) Safeguards Rule [Rule 30 of Regulation S-P] adopted by the SEC in 2000 and amended in 2005 requires every SEC registered investment adviser and other SEC registrants to adopt written policies and procedures that cover administrative, technical, and physical safeguards reasonably designed to: 1) ensure security and confidentiality of customer records and information; 2) protect against anticipated threats to security or integrity of customer records and information; and 3) protect against unauthorized access to or use of customer records or information that could result in substantial harm or inconvenience to any customer. Cybersecurity Information Sharing Act (CISA) was included in the budget and signed into law by President Obama on December 18, 2015. Its purpose is to prevent breaches of consumer data by offering legal protection to incentivize companies to share information about threats to their networks with the government and other businesses. Judicial Redress Act was signed into law by President Obama on February 24, 2016. The Act grants non-U.S. citizens certain rights, including a private right of action for alleged privacy violations that occur in the U.S. The passing of this Act was an important step towards approval of the EU- US Privacy Shield that for a period of time until invalidated allowed the transfer of personal information from the EU to the United States.

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