Dechert Cyber Bits
Issue 105 - October 22, 2026
Key Developments in Cybersecurity, Privacy & AI
Happy 5th Anniversary to Dechert's Cyber Bits!
Five years ago, our global Cyber, Privacy and AI team launched Cyber Bits with a simple goal: to keep you informed on what matters most in privacy, cybersecurity and AI. Today, we're proud of how far it's come, and that's thanks to you, our readers.
Behind every issue is a team committed to tracking developments from around the globe and distilling them into clear, actionable guidance. Our focus remains the same as it was on day one: cutting through the noise to tell you what's happening and what it means for you.
As always, we welcome your feedback. Please send any suggestions to privacyandcybersecurity@dechert.com. We thank you again for your support!
UK ICO Marks New Chapter With New Governance Structure and Manchester Office Opening
On September 30, 2026, the UK data protection regulator adopted a new governance structure and new name. The Information Commissioner has been replaced by the Information Commission with the regulator now being led by a Board rather than a single Information Commissioner. The Board's non-executive members are now in place, and the process of recruiting a permanent Chair is underway. What was previously the Information Commissioner's Office is now the Information Commission’s Office and will continue under the same “ICO” brand. The ICO has also relocated to a new head office in Manchester.
Paul Arnold, Chief Executive of the Information Commission, said the governance and office changes are intended to make the organization “more connected to the people and organizations we serve” and “more capable of meeting the challenges of a rapidly changing digital world.” The ICO said the governance transition does not change the regulator’s core responsibilities, and that it will continue its regulatory work while preparing a forthcoming corporate strategy focused on areas including AI, cyber resilience, children’s privacy, and public services.
Takeaway: The rebrand to the Information Commission reflects a structural change in oversight, moving from a single Commissioner to a Board-led model, rather than a change in regulatory priorities. All existing enforcement tools and investigative responsibilities of the ICO remain identical, and we do not expect this change to affect the day-to-day work of the ICO.
Washington Supreme Court Holds State Wiretap Act Does Not Prohibit Use of Meta Pixel
On October 8, 2026, the Washington Supreme Court unanimously upheld a trial court’s dismissal of a putative class action alleging that the Seattle Children’s Hospital’s (“SCH”) use of the Meta pixel on its public website violated the Washington Privacy Act (“WPA”).
The WPA includes a prohibition on intercepting or recording any “[p]rivate communication transmitted by telephone, telegraph, radio, or other device between two or more individuals . . . without first obtaining the consent of all the participants in the communication.” In this class action suit, the plaintiffs alleged that SCH violated the WPA by using the Meta pixel to track the plaintiffs’ searches and clicks on its public website without user consent, and that Meta then used plaintiffs’ data to serve targeted advertising.
In affirming the trial court’s dismissal of the suit, the Court explained that the WPA only reaches interceptions or recordings of communications that take place between two or more “individuals.” Because the plaintiffs’ communications (i.e., clicks, keystrokes and searches on SCH’s website) were with an automated website, the Court reasoned, they represented a one-way communication with a corporate entity, rather than a communication taking place between two or more individuals.
Takeaway: Tracking technology litigation continues to proliferate, but plaintiffs’ firms’ attempts to twist the WPA have been significantly thwarted in Washington, at least for corporate operators of public websites that want to deploy the Meta pixel. We are eager to see continued steps in this direction by legislatures and courts in other states, but, in the meantime, website operators will need to remain vigilant of ongoing pixel litigation risk and continue to execute processes for inventorying and monitoring their use of tracking technologies.
FTC Commissioner Meador Says UK, EU Digital Rules Undermine International Enforcement Cooperation
At the recent EU Competition Law Conference, Federal Trade Commission (“FTC”) Commissioner Mark Meador remarked that emerging ex ante regulatory models and weakening procedural safeguards in the UK and EU are undermining future prospects for convergence and collaboration with the US.
Meador framed his remarks within the FTC’s ongoing effort to work with its international counterparts, citing procedural fairness, due process, regulatory overreach, and an overreliance on broad prescriptive rules (in lieu of case-by-case enforcement) as factors straining the FTC’s foreign relationships. In particular, Meador expressed concern regarding enforcement of the EU’s Digital Services Act and other content moderation statutes, including the UK’s Online Safety Act. Meador indicated that the US remains committed to strong cooperation with its foreign counterparts.
Takeaway: Meador’s remarks reflect the Trump administration’s intensifying push against European and UK regulators and regulations. The UK and the EU are pushing back, and it is to be seen if the EU/UK and the US can find common ground regarding potential enforcement actions against Big Tech.
UK ICO Opens Consultation on Data Protection Implications of Agentic AI
On October 8, 2026, the Information Commission’s Office (“ICO”) launched a call for evidence on applying data protection law requirements when using AI agents.
The ICO’s definition of an “AI agent” involves three elements: (1) it is a system based on large language models (“LLMs”), (2) the system has access to tools, memory and an environment, and (3) the system has a level of autonomy in using those resources to complete tasks. The ICO highlights that AI agents have the capability to collect or generate personal data, analyze that personal data, share the personal data and make decisions using personal data. The choices made by AI agents are therefore relevant to data protection principles in various ways. The ICO also discusses the variability of an AI agent’s data processing, indicating that on different occasions the same AI agent can approach similar tasks in different ways and using different tools.
The call for evidence seeks views on six areas: data security, transparency, allocating and evidencing accountability, automated decision-making, fairness and purpose limitations, and lawful processing of personal data. Respondents can reply through an online survey until November 20, 2026.
Alongside the call for evidence, the ICO published a report detailing data protection improvements it says it has secured from the developers of a number of the world's largest AI foundation models.
Takeaway: Although described as a “call for evidence,” the materials published by the ICO set out the ICO’s expectations on various data protection requirements in the context of AI agents. The ICO is primarily seeking views on how organizations are addressing data protection issues in practice, rather than requesting comment on the ICO’s positions set out in the published materials. The call for evidence materials are therefore a valuable resource for organizations implementing agentic AI.
Dechert Tidbits
23andMe Beats California’s Bankruptcy Sale Challenge
On September 29, 2026, the Federal District Court for the Eastern District of Missouri dismissed California’s appeal to unwind the $305 million bankruptcy sale of 23andMe’s assets, noting that California had not established bankruptcy appellate standing. California had argued, in part, that the sale’s structure was engineered to avoid the affirmative-consent requirements of the state’s Genetic Information Privacy Act for roughly two million California customers’ DNA data.
California Governor Vetoes Sensitive Data Sales Ban
California Governor Gavin Newsom vetoed California State Assembly Bill 1542 (“A.B. 1542”), which would have amended the California Consumer Privacy Act to generally prohibit businesses, service providers and contractors from selling or “sharing” for cross-context behavioral advertising California consumers’ sensitive personal information, such as precise geolocation data, biometric information and health information. In his veto message, Newsom called a categorical ban “a step too far,” noting that California already allows consumers to opt out of the sale and sharing of their personal information.
Please note that where a “Takeaway” is missing from one of our
blurbs, it is likely because one of the parties involved is a client of the
firm or otherwise has an interest in the matter.
In 2025 and 2026, Dechert’s Cyber, Privacy & AI team achieved top individual and group rankings in The Legal 500 and Chambers USA. Global Chair and Partner Brenda Sharton, a Law360 MVP, and Partner Ben Sadun, a Law360 Rising Star, were recognized for their leadership and contributions to the team’s achievements. The team was also recognized in Law.com’s “Litigators of the Week” column for its recent victory for Flo Health, a matter that showcased the team’s strategic excellence. Thank you to our clients for entrusting us with the types of matters that led to these recognitions.
Recent News and Publications
- Committed Capital Cyber Risk in Transactions Podcast – Brenda Sharton, J.J. Jones (September 3, 2026)
- Srsly Risky Biz: Supreme Court Undermines Section 702 - Risky.Biz (July 9, 2026)
- Governor Newsom’s AI Executive Order: What Employers Need to Know - Dechert OnPoint (June 4, 2026)
- AI Cyberattacks Call for Company Preparation to Limit Fallout - Bloomberg Law (March 31, 2026)
- Dechert Adds Former Microsoft Cybersecurity Counsel J.J. Jones as Partner - CyberTech Insights (March 11, 2026)
- Wake Up Call: Simpson Thacher misses appeal deadline - Bloomberg Law (March 11, 2026)
- Microsoft Cybersecurity Legal Official Jones Exits for Dechert - Bloomberg Law (March 10, 2026)
- Dechert Appoints J.J. Jones as Partner - CityBiz (March 10, 2026)
- Dechert Continues Lateral Hiring Momentum with Addition of Cybersecurity, Privacy and AI Expert J.J. Jones PR Newswire (March 10, 2026)
- Dechert Lands Ex-Microsoft, Google Atty In San Francisco – Law360 (March 10, 2026)
- Cybersecurity & Privacy Group Of The Year: Dechert – Law360 (February 2026)
- Law360's Practice Group of the Year for Cybersecurity & Privacy – Law360 (January 2026)
- MVP: Dechert’s Brenda Sharton – Law360 (November 2025)
- Litigator of the Week Runners-Up and Shout-Outs – Law.com (August 8, 2025)
- 2025 Rising Star: Dechert's Benjamin Sadun – Law360 (July 21, 2025)
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- Brenda Sharton Q&A (Profiles in Diversity Journal Q4 2024 "All Colors, All Leaders" issue)
- Disclosing Personal Data to Non-EU Authorities - GDPR Guidance Published (Dechert OnPoint published December 18, 2024)
- MVP: Dechert's Brenda Sharton - (Law360 October 10, 2024)
- Brantley et al. v. Prisma Labs, Inc. (Global Legal Chronicle published August 31, 2024)
- Law360's Legal Lions of The Week (Law360 published August 9, 2024)
- Lensa AI App Creator Shakes Ill. Biometric Privacy Suit (Law360 published August 6, 2024)
- Prisma Labs Skirts BIPA Suit Over Training of Its AI Photo App (Bloomberg Law published August 6, 2024)
- A New UK Labour Government: A Fresh Approach to AI Regulation (Dechert OnPoint published July 9, 2024)
- The EU AI Act: An Overview (Dechert OnPoint published May 13, 2024)
- Tribunal Overturns UK ICO’s Enforcement Action Against Clearview AI (Dechert OnPoint published November 8, 2023)
- 5 Takeaways from ICO's Biometric Recognition Guidance (Published in Law360, October 18, 2023)
- Bridge Over Troubled Data Flows: UK-US Data Bridge Approved (Dechert OnPoint published September 22, 2023)
- US-EU Plan On AI Illustrates Differing Opinions On Regulation (Published in Law360, August 2, 2023)
- SEC Final Rule Exempts ABS Issuers from New Cybersecurity Disclosure and Reporting Requirements (Dechert OnPoint published August 16, 2023)
- SEC Finalizes Cybersecurity Disclosure Rules for Public Companies (Dechert OnPoint published August 7, 2023)
- Ready. Set. Flow: Green Light from the Commission for EU-U.S. Data Privacy Framework (Dechert OnPoint published July 11, 2023)
- EU General Court Examines Data Anonymisation and Pseudonymisation (Dechert OnPoint published May 25, 2023)
- SEC Proposes New Cybersecurity Risk Management Rule for Various Market Entities (Dechert OnPoint published May 10, 2023)
- Artificial Intelligence: Legal and Regulatory Issues for Financial Institutions (Dechert OnPoint published April 26, 2023)
- BioDech | A Global Life Sciences Broadcast Series - What Every Life Sciences Company Needs to Know About Cybersecurity
- The group was named 2022 Law360 Practice Group of the Year.
- Winner of the International Association of Privacy Professionals (“IAPP”) Legal Innovation Award for the Americas for 2022, for its work with client Flo Health, Inc., the world’s leading women’s health App on its “Anonymous Mode” feature in the wake of the Dobbs decision by the U.S. Supreme Court.
- Recognized as a 2022 “Standout” by London’s Financial Times in a legal innovation award for the Americas in the category of “Innovation in Enabling Business Resilience.”
- Exploiting Public Health Data for R&D: UK Progresses Secure Data Environments (Dechert OnPoint published July 20, 2023)
- EU Data and Digital Drive: 10 Things to Know About the Digital Services Act (Dechert OnPoint published February 17, 2023) By: Paul Kavanagh, Dr. Olaf Fasshauer, and Madeleine White.
- Your Company’s Data Is for Sale on the Dark Web. Should you Buy it Back? (Published in the Harvard Business Review January 4, 2023) By: Brenda Sharton.
- Brenda Sharton and Steven Rabitz quoted in Plan Sponsors Have Myriad Responsibilities to Protect Against Cyberthreats (Published in PLANSPONSOR December 22, 2022).
- English High Court Maintains Claimant’s Anonymity in Cyberattack Case (Dechert OnPoint published December 19, 2022) By: Paul Kavanagh, Brenda Sharton, Dylan Balbirnie, and Anita Hodea.
- The entry into force of the Digital Markets Act kicks off new era of digital regulation in Europe (Dechert OnPoint published October 25, 2022), by members of the Dechert antitrust practice.
- Brenda Sharton was named a 2022 Law360 MVP for Cybersecurity & Privacy.
- Brenda Sharton was recognized as one of Massachusetts Lawyers Weekly's Go To Cybersecurity/Data Privacy Lawyers for 2022 (Published in Mass. Lawyers Weekly October 31st issue)
- Practice leaders Brenda Sharton and Karen Neuman are discussed in Litigation Leaders: Dechert’s Cathy Botticelli and Jonathan Streeter on Counseling Clients With an Eye Toward Avoiding Litigation (Published in Law.com August 15, 2022).
- Brenda Sharton quoted in Why hackers are able to steal billions of dollars worth of cryptocurrency (Published in the Washington Post August 11, 2022).
- FDA Medical Device Cyber Guidance Protects Patients, Cos. (Published in Law360 June 9, 2022) By: Brenda Sharton, Emily Van Tuyl, and Kathleen Fay
- Olaf Fasshauer was ranked in the 2022 publication of German’s daily newspaper Handelsblatt (in cooperation with Best Lawyers) as best lawyers in Germany for Data Security and Privacy Law
- Brenda Sharton presented at the WSJ Pro Cyber Forum (June 1, 2022).
- Brenda Sharton was a moderator on the panel, "The Digital Transformation of Customer Experience" at the LendIt Fintech Conference (May 25, 2022).
- Ranked by The Legal 500 US – Media, Technology and Telecoms: Cyber Law (including Data Privacy and Data Protection). Brenda Sharton was named a Leading Lawyer and Hilary Bonaccorsi was named a Rising Star.
- Brenda Sharton named to Cybersecurity Docket’s Incident Response 40 2021 list.
- Dubai data protection authority plans to launch international privacy risk index and update international data transfer mechanisms (Dechert OnPoint published May 5, 2022) By: Paul Kavanagh and Dylan Balbirnie.
- Brenda Sharton quoted in Global Data Review article, "SEC proposes 4-day breach reporting rule" (April 26, 2022).
- CJEU rules on private copying exception to storage in the cloud (Dechert OnPoint published April 11, 2022) By: Paul Kavanagh and Nathan Smith.
- SEC Proposes New and Amended Cybersecurity Rules for Public Companies (Dechert OnPoint published March 17, 2022) By: Timothy Blank, Kevin Cahill, Brenda Sharton and Daniel Murdock.
- Brenda Sharton was quoted in the Law360 article, “Congress Seizes On Incident Reports In Fighting Cyberattacks” (March 16, 2022).
- 4 Takeaways For Asset Managers From SEC's Cyber Rule Plan (Published in Law360 on March 10, 2022) By: Kevin Cahill and Hilary Bonaccorsi.
- California Privacy Protection Agency Signals Delay for Final CPRA Rules & California AG Conducts CCPA Investigative Sweep (Dechert Newsflash published February 25, 2022) By: Karen Neuman, Hilary Bonaccorsi, Bailey E. Dervishi.
- SEC Proposes New Cybersecurity Rules for SEC Registered Advisers and Funds (Dechert OnPoint published February 23, 2022) By: Kevin Cahill, Timothy Blank, Brenda Sharton, Hilary Bonaccorsi, Colleen Hespeler and Bailey Dervishi.
Content Editors
Dylan Balbirnie, Anastasia Bodea Crisan, Aurélien Martinot, Daniel T. Murdock
Partner Committee Editors
Dechert Cyber Bits Partner Committee
Brenda R. Sharton
Partner, Global Chair, Cyber, Privacy and AI
Boston
brenda.sharton@dechert.com
Hilary Bonaccorsi
Partner
Charlotte
hilary.bonaccorsi@dechert.com
Timothy C. Blank
Senior Counsel
Boston
timothy.blank@dechert.com
Kevin F. Cahill
Partner
Los Angeles
kevin.cahill@dechert.com
Dr. Olaf Fasshauer
National Partner
Munich
olaf.fasshauer@dechert.com
J.J. Jones
Partner
Washington, D.C.
jakarra.jones@dechert.com
Paul Kavanagh
Partner
London
paul.kavanagh@dechert.com
Austin Mooney
Partner
Washington, DC
austin.mooney@dechert.com
Laura Rossi
Partner
Luxembourg
laura.rossi@dechert.com
Benjamin Sadun
Partner
Los Angeles
benjamin.sadun@dechert.com
Dechert’s global Cyber, Privacy and AI practice provides a multidisciplinary, integrated approach to clients’ privacy and cybersecurity needs. Our practice is top ranked by The Legal 500 and our partners are well-known thought leaders and sought after advisors in the space with unparalleled expertise and experience. Our litigation team provides pre-breach counseling and handles all aspects of data breach investigations as well as the defense of government regulatory enforcement actions and class action litigation for clients across a broad spectrum of industries. We have handled over a thousand data breach investigations of all types including nation states, ransom/cyber extortion, vendor/supply chain, DDoS, brought by threat actors of all types, from nation-state threat actors to organized crime to insiders. We also represent clients holistically through the entire life cycle of issues, providing sophisticated, solution oriented advice to clients and counseling on cutting edge data-driven products and services including for trend forecasting, personalized content and targeted advertising across sectors on such key laws as the CCPA, CPRA and state consumer privacy laws, Section 5 of the FTC Act; the EU/UK GDPR, e-Privacy Directive, and cross-border data transfers. We also conduct privacy and cybersecurity diligence for mergers and acquisitions, financings, corporate transactions, and securities offerings.
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