Data Security & Privacy Predictions for 2022: Six Issues to Watch

Are we here again? Although there were many developments over the last year, including a new administration in the White House, the start of 2022 sees us in a familiar place: enduring another phase of the pandemic, reading reports and warnings of major cyber incidents, and waiting for Congress to clarify privacy law in the United States.

Our predictions for 2022 are variations on enduring data security and privacy themes. Whether maturation of US state privacy laws, increased privacy and cybersecurity activity from China, or continued cyber incidents leading to federal government attention, this year will bring new challenges to businesses.

This memorandum is a summary for general information and discussion only and may be considered an advertisement for certain purposes. It is not a full analysis of the matters presented, may not be relied upon as legal advice, and does not purport to represent the views of our clients or the Firm. Tod Cohen, an O’Melveny partner licensed to practice law in California and the District of Columbia, Randall W. Edwards, an O’Melveny partner licensed to practice law in California, Scott W. Pink, an O’Melveny special counsel licensed to practice law in California and Illinois, John Dermody, an O’Melveny counsel licensed to practice law in California and the District of Columbia, Lorenzo d’ Aubert, an O’Melveny associate licensed to practice law in the District of Columbia, and Joshua Goode, an O’Melveny law clerk, contributed to the content of this newsletter. The views expressed in this newsletter are the views of the authors except as otherwise noted.

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