On December 12, 2018, Senator Brian Schatz (D-HI) led a group of fifteen Democratic senators in introducing the “Data Care Act of 2018,” which would impose duties of care, loyalty, and confidentiality on online service providers with respect to processing and securing user data. The bill would also provide the FTC with rulemaking authority and … Continue Reading
Just before the Thanksgiving holiday, the Federal Trade Commission (“FTC”) announced the issuance of consent orders involving Creaxion Corporation and Inside Publications, LLC to settle allegations that the companies misrepresented paid endorsements as independent opinions, and misrepresented paid commercial advertising as independent editorial content. As a result, these companies and their principals are now prohibited … Continue Reading
A recent press release from November 16, 2018 revealed that Malta’s Justice Minister introduced the right to be forgotten through a ministerial decree. Since 2013, 86 out of 131 judgments have either been anonymized or removed from the courts’ public database. The information came as a surprise to Malta’s legal community, as there had been … Continue Reading
Last week, the National Telecommunications and Information Administration (“NTIA”) released submissions it had received from the Federal Trade Commission (“FTC”) staff and many other parties on NTIA’s proposed framework for advancing consumer privacy while protecting innovation. Although NTIA did not request comments on a possible federal privacy bill, most submissions took the opportunity to inform … Continue Reading
The Department of Commerce’s National Institute of Standards and Technology (“NIST”) announced in early September intention to create a Privacy Framework. This Privacy Framework would provide voluntary guidelines that assist organizations in managing privacy risks. The NIST announcement recognized that the Privacy Framework is timely because disruptive technologies, such as artificial intelligence and the internet … Continue Reading
By Grace Kim and Siobhan Kahmann Following an informal consultation earlier this year – as covered by our previous IoT Update here – the UK’s Department for Digital, Culture, Media and Sport (“DCMS”) published the final version of its Code of Practice for Consumer IoT Security (“Code”) on October 14, 2018. This was developed by … Continue Reading
On October 10, the Senate Committee on Commerce, Science, and Transportation held second hearing on data privacy that invited advocates and experts to discuss a federal privacy law. The panelists included Andrea Jelinek, director of the European Data Protection Board; Alastair Mactaggart, chair of Californians for Consumer Privacy; Laura Moy, executive director of the Georgetown … Continue Reading
On September 26th, the Senate Committee on Commerce, Science, and Transportation held a hearing on data privacy, focusing in part on the potential for federal privacy regulation. The discussion centered on two issues: (1) the potential for Congress to pass a federal privacy law, including the scope and model for any such law, and (2) … Continue Reading
By Grace Kim and Ezra Steinhardt On September 13, 2018, the UK government published a series of technical notices on how to prepare for a scenario in which the UK leaves the EU without agreement on March 29, 2019 (“no-deal Brexit”). The government stressed that a no-deal Brexit “remains unlikely given the mutual interests of … Continue Reading
Key Provisions in India’s Draft Personal Data Bill This post is a follow-up to our earlier post on the release of India’s draft personal data protection bill. In this post, we go into greater detail about the bill’s provisions and flag issues for companies worldwide that may process data in India or provide goods or … Continue Reading
By Kristof Van Quathem and Anna Sophia Oberschelp de Meneses Exactly one month after the GDPR started applying, the French Supervisory Authority (“CNIL”) issued a formal warning to two companies in relation to their processing of localization data for targeted advertising (see here). The CNIL found that the consent on which both companies relied did … Continue Reading
On July 26, Secretary of the U.S. Department of Health and Human Services (HHS) Alex Azar said that HHS will undertake an effort to reform federal health privacy rules, including those under HIPAA and the rules governing substance abuse treatment records at 42 C.F.R. Part 2 (Part 2). In speaking about efforts by the Trump Administration … Continue Reading
By Melanie Ramey Yesterday, the Federal Communications Commission (“FCC”) released a Public Notice seeking comment on a range of issues relevant to its interpretation of the Telephone Consumer Protection Act (“TCPA”), including how the FCC should interpret what constitutes an “automatic telephone dialing system” in the wake of a recent decision by the U.S. Court … Continue Reading
By Lauren Moxley Today, the Supreme Court released its decision in Byrd v. United States. The Court held that under the Fourth Amendment, a driver of a rental vehicle can challenge a search of the vehicle even if he is not listed as an authorized driver on the rental agreement. The case began in September … Continue Reading
The Virginia Supreme Court held that license plate images taken by law enforcement agencies constitute “personal information,” reviving a challenge to the police storage of license plate data. Automatic license plate readers (“ALPRs”) are used by police departments across the country to take thousands of photos of license plates per hour. Officers check these numbers … Continue Reading
By Melanie Ramey Mobile phone manufacturer BLU Products, Inc. entered into a settlement agreement with the FTC last week to resolve allegations that one of BLU’s China-based vendors collected personal information about its consumers without proper consent. The settlement agreement, which took the form of a consent order, applies not only to BLU but also … Continue Reading
IAB Europe opened the registration process for vendors and consent management providers (“CMPs”) to apply for approved status under IAB Europe’s Transparency and Consent Framework (“Framework”). The Framework intends to provide publishers that have decided that the interest-based advertising products available on their platforms require user consent to deploy a standardized framework to (1) disclose … Continue Reading
By Alyson Sandler On April 10, Senators Richard Blumenthal (D-CT) and Ed Markey (D-MA) introduced new privacy legislation titled the Customer Online Notification for Stopping Edge-provider Network Transgressions (CONSENT) Act. In a statement published on his website, Senator Markey referred to the legislation as a “privacy bill of rights” and explained that “[t]he avalanche of … Continue Reading
Henriette Tielemans, co-chair of Covington’s global Data Privacy and Cybersecurity practice, has today received the IAPP Privacy Vanguard Award, the industry’s top honor, for her lifelong services to the data privacy community. The International Association of Privacy Professionals (IAPP) is the world’s largest and most comprehensive global information privacy community. Each year, the IAPP names … Continue Reading
The U.S. Court of Appeals for the D.C. Circuit on Friday issued a long-awaited ruling in a lawsuit challenging the Federal Communications Commission’s interpretations of key terms under the Telephone Consumer Protection Act of 1991 (“TCPA”), holding that the FCC in 2015 had adopted an unreasonably broad definition of the type of calling equipment subject … Continue Reading
By Bruce Bennett, Carlo Kostka, Craig Pollack, Dan Cooper, Gemma Nash, Kristof Van Quathem, Mark Young, and Sophie Bertin The EU Payment Services Directive (PSD2), which took effect on January 13, 2018, puts an obligation on banks to give Third Party Providers (TPPs) access to a customer’s payment account data, provided the customer expressly consents to … Continue Reading
Earlier today, our colleagues David Engvall, Keir Gumbs, Reid Hooper, and Matthew Wood in the Securities and Capital Markets practice group posted the below article on the SEC’s new statement and interpretive guidance on public company cybersecurity disclosures and insider trading on the Cov Financial Services blog. The original article can be read here. On … Continue Reading
On January 18, the Federal Trade Commission released its annual Privacy and Data Security Update, highlighting its enforcement efforts in 2017. The report discusses significant enforcement efforts in the areas of privacy, data security, credit reporting and financial privacy, international enforcement, children’s privacy, and telemarketing. The report also highlights the FTC’s efforts in advocacy, rulemaking, guidance, … Continue Reading
Following the Equifax data breach in 2017, there has been heightened awareness surrounding how credit reporting agencies handle consumers’ personal information. At the same time, recent high-profile attacks, such as the “WannaCry” ransomware attacks, have focused media and regulatory attention on vulnerabilities associated with unpatched systems. In response to these two concerns, on January 10, … Continue Reading
