Archives: Data Privacy

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UK Supreme Court Rules That Supermarket Is Not Vicariously Liable For Data Breach Committed By Employee

On 1 April 2020, the UK Supreme Court handed down its ruling in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12.  The Court ruled that Morrisons was not vicariously liable for a data breach deliberately perpetrated by an employee.  The judgment is significant in that it overturned the decisions of the two lower … Continue Reading

Dutch Supervisory Authority Investigates Connected Cars

On March 24, 2020, the Dutch Supervisory Authority (“SA”) announced the launch of a broad investigation into automobile manufacturers, to determine whether any violations of data protection laws have occurred in relation to connected cars. The Dutch SA sent a questionnaire to all Netherlands-based car and truck manufacturers, asking what types of personal data they … Continue Reading

Greek Data Protection Authority Issues Guidelines on Data Protection and Coronavirus

On 18 March, 2020, the Hellenic (Greek) Data Protection Authority (“HDPA”) issued guidelines on data protection and COVID-19. With these guidelines, the HDPA aims to provide guidance on the interpretation and application of data protection legislation during the COVID-19 pandemic. In this blog, we summarise the key points included in the HDPA’s guidelines. Categorization of … Continue Reading

Guidance released by EU Authorities on How to Ensure IT Security when Working Remotely

In order to combat the proliferation of COVID-1, several EU Member States have strongly recommended or required that employees engage in teleworking, rather than attend work as normal. In this context, the European Union Agency for Cybersecurity (“ENISA”), on March 15, 2020, issued its “top tips for cybersecurity when working remotely”. Some data protection Supervisory … Continue Reading

COVID-19, Scientific Research and the GDPR – Some Basic Principles

As scientists work around the clock to gain insights into the Corona virus and how to fight it, public and private-sector stakeholders are in discussions to promote the rapid exchange of scientific data. During these discussions, the GDPR acronym inevitably rears its head and casts doubt over what is lawful. The GDPR and national data … Continue Reading

Global Privacy Assembly Issues Statement on COVID-19

On March 17, 2020, the Executive Committee of the Global Privacy Assembly (“GPA”) issued a statement on data protection in the context of the COVID-19 pandemic. The GPA is an entity representing data protection and privacy regulators around the globe, formerly known as the International Conference of Data Protection and Privacy Commissioners (“ICDPPC”). The GPA … Continue Reading

Italian Government and Trade Unions Sign Protocol on Fighting COVID-19 in the Workplace

On March 14, 2020, the Italian Government and several trade unions have signed a protocol, which establishes specific procedures for fighting COVID-19 in the workplace. The protocol also includes provisions on the processing of personal data of employees.  In particular, it provides that employers may subject their employees to pro-active body temperature controls before entering … Continue Reading

German Authorities Issue Guidance Related to Coronavirus

Over the past several days, Germany Supervisory Authorities and health authorities have issued statements and guidance about the handling of personal data in the context of the ongoing COVID-19 pandemic.  In this blog, we consider some these statements in greater detail, as well as their implications for employers and employees.… Continue Reading

Belgian Supervisory Authority Issues Guidance on Data Protection and Coronavirus

On March 13, 2020, the Belgian data protection authority (“APD”) issued guidance on data protection and COVID-19. The guidance is mainly aimed at employers processing personal data of employees in the context of the measures they have taken to contain the spreading of COVID-19. The guidance is divided in the following three parts: legal basis … Continue Reading

Hungarian Supervisory Authority Issues Guidance on Data Protection and Coronavirus

On March 10, 2020, the Hungarian National Authority for Data Protection and Freedom of Information (“NAIH”) issued guidance on data protection and COVID-19. The NAIH highlights that controllers processing personal data in the context of their efforts to prevent the spread of COVID-19 must comply with the GDPR as well as Hungarian data protection law. … Continue Reading

California AG Releases Draft CCPA Regulations: Round 3

In the latest development in the CCPA saga, the California Attorney General has further modified the draft regulations implementing the California Consumer Privacy Act (“CCPA”). His office’s website posted clean and redlined versions of the new regulations (the “March draft regulations”). Below, please find a summary of some of the most notable changes:… Continue Reading

UK Supervisory Authority Issues Statement on Data Protection and Coronavirus

 On March 12, 2020, the UK Supervisory Authority (“ICO”) issued a statement on data protection and coronavirus (“COVID-19”).  The statement makes clear that the ICO will take a “reasonable and pragmatic” approach regarding compliance with the GDPR in light of the current health emergency. Similar to the Irish Supervisory Authority (see our previous blog here), … Continue Reading

Key COVID-19 Issues for Privacy and Cybersecurity Professionals

Covington experts on issues as varied as supply chain and other commercial contracts, employment, and insurance are supporting companies on the commercial implications of Coronavirus COVID-19.  But this blog post provides a brief overview of some of the key issues that privacy and cybersecurity professionals should have top of mind in dealing with response efforts.  … Continue Reading

European Commission Presents Strategies for Data and AI (Part 1 of 4)

On 19 February 2020, the European Commission presented its long-awaited strategies for data and AI.  These follow Commission President Ursula von der Leyen’s commitment upon taking office to put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within the new Commission’s first 100 days.  Although the papers … Continue Reading

California Introduces Bill to Regulate Automated Decision Systems

On February 14, 2020, California State Assembly Member Ed Chau introduced the Automated Decision Systems Accountability Act of 2020, which would require any business in California that provides a person with a program or device that uses an “automated decision system” (“ADS”) to establish processes to “continually test for biases during the development and usage … Continue Reading

Sen. Kirsten Gillibrand Proposes New Digital Privacy Agency

On February 12, 2020, Senator Kirsten Gillibrand (D-NY) announced a plan to create a new Data Protection Agency through her proposed legislation, the Data Protection Act of 2020 (S.3300). Under the proposal, the new agency would replace the Federal Trade Commission (FTC) as the “privacy cop on the beat.”  As such, the FTC’s current authority … Continue Reading

French Supervisory Authority Publishes Guidance for Website and App Developers

On January 27, 2020, the French Supervisory Authority (“CNIL”) issued a guidance for developers of websites and applications which sets out the main principles of the General Data Protection Regulation (“GDPR”), expounds on their application in the online environment, and gives practical tips to help developers respect users’ privacy when deploying websites and apps. The … Continue Reading

German Federal Commissioner for Data Protection and Freedom of Information Launches Public Consultation on Anonymization

On February 10, 2020, Germany’s Federal Commissioner for Data Protection and Freedom of Information (BfDI) launched its first public consultation procedure.  The consultation invites comments on a position paper of the BfDI which addresses the anonymization of personal data under the General Data Protection Regulation (GDPR), with a particular focus on the telecommunications sector (for … Continue Reading

California AG Releases New Draft CCPA Regulations

The California Attorney General has released both clean and redlined versions of proposed modifications to the draft implementing regulations for the California Consumer Privacy Act (“CCPA”). Below is a high-level overview of some key changes: Service Providers. The modified draft restricts a service provider from processing the personal information it receives from a business except … Continue Reading

Germany Publishes Draft Regulation on the Reimbursement of Digital Health Applications

Germany recently enacted a law that enables state health insurance schemes to reimburse costs related to the use of digital health applications (“health apps”), but the law requires the Federal Ministry of Health to first develop the reimbursement process for such apps.  Accordingly, on January 15, 2020, the German government published a draft regulation setting … Continue Reading

NIST Releases Version 1.0 of its Privacy Framework

The Department of Commerce’s National Institute of Standards and Technology (“NIST”) has released Version 1.0 of its Privacy Framework.  This voluntary framework aims to provide organizations with strategies to improve their privacy practices, build customer trust, and fulfill compliance obligations.  It is designed to be flexible and non-prescriptive, allowing public and private organizations of all … Continue Reading

French Supervisory Authority Publishes Second Guidance on Cookies and Similar Technologies

On January 14, 2020, the French Supervisory Authority (“CNIL”) published a new draft guidance on the use of cookies and similar technologies on websites and applications (see here, in French).  The draft guidance is open for public consultation until February 25, 2020. In its nine articles, the guidance sets out how to properly inform users … Continue Reading

State Legislatures Are Off to the Privacy Races, With New Hampshire in the Lead

While some state legislators are still putting away their holiday decorations, New Hampshire legislators introduced new data privacy legislation, New Hampshire House Bill 1680.  The legislation is similar to the California Consumer Privacy Act (which we’ve written extensively about before, including here and here).  It grants consumers access, portability, transparency, non-discrimination, deletion, and opt-out-of-sale rights … Continue Reading

Dutch Court Decides on Scope of GDPR Right of Access

In late December 2019, the Court of The Hague (Netherlands) published a preliminary reference procedure (see here, in Dutch).  The Court was asked to decide on the scope of the right of access under the GDPR. The defendant in this case was a bailiff involved in the bankruptcy procedure.  The individual who was target of … Continue Reading
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