A Maze Of Regulations, A Flurry Of Lawsuits, A Fount Of Liability

At more than a hundred pages, the U.S. Cybersecurity and Data Privacy Outlook and Review – 2023, from law firm Gibson Dunn, is a broad and detailed survey, both a look back at 2022 and at prospects for this year, at both the state and federal levels. The breakdown includes legislative developments, regulation and enforcement, civil litigation around data privacy and security, and trends related to data innovations and governmental data collection.

On the topic of civil litigation, there is discussion of some seminal cases, along with a more general analysis of actions under specific laws, e.g., the Computer Fraud and Abuse Act and the Telephone Consumer Protection Act, and the state versions of these and other federal laws, including the Illinois Biometric Information Privacy Act Litigation and the Texas Capture and Use of Biometric Identifier Act. Discussion on the federal side is broken down both by statute and responsible agency. The appendix includes a chart with side-by-side comparisons of state privacy laws in California, Colorado, Virginia, Connecticut and Utah. -Today’s General Counsel/DR