On January 14, 2020, the French Supervisory Authority (“CNIL”) published a new draft guidance on the use of cookies and similar technologies on websites and applications (see here, in French). The draft guidance is open for public consultation until February 25, 2020.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
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
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
On January 6, 2020, the Federal Trade Commission (FTC) sued a California-based mortgage broker for allegedly disclosing the personal information of customers who left negative Yelp reviews, and filed a settlement of the claims. According to the complaint, Ramon Walker is the owner and operator of Mortgage Solutions FCS, Inc., a broker connecting residential mortgage … Continue Reading
On December 17, 2019, the Belgian Supervisory Authority (“SA”) imposed a fine of € 15,000 on an SME operating a legal information website that welcomes approximately 35,000 unique visitors a month. Interestingly, in the apparent absence of any actual complaints submitted to the SA, it carried out this enforcement action on its own initiative. In … Continue Reading
On December 19, 2019, Advocate General (“AG”) Henrik Saugmandsgaard Øe handed down his Opinion in Case C-311/18, Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (“Schrems II”). The AG’s Opinion provides non-binding guidance to the Court of Justice of the EU (“CJEU”) on how to decide the case. In brief, the AG recommended that … Continue Reading
On December 18, 2019, staffers on the House Energy and Commerce Committee circulated a draft of a bipartisan privacy bill. The draft is currently unnamed and unfinished, but it lays out a comprehensive framework that expands both individuals’ rights to their data and the FTC’s enforcement role over digital privacy. Rep. Cathy McMorris-Rodgers (R-Wash.) and … Continue Reading
On December 11, 2019, the European Data Protection Board (“EDPB”) published the final text of the standard clauses adopted by the Danish Supervisory Authority (Datatilsynet, hereafter “Danish SA”) pursuant to Article 28(8) of the General Data Protection Regulation (“GDPR”). The Danish clauses are now accessible on the EDPB’s register of decisions taken by Supervisory Authorities. … Continue Reading
More than a year after the Government of India’s Committee of Experts released a draft Personal Data Protection Bill in July 2018 (the “2018 draft”), India is one step closer to passing a comprehensive data privacy law. On December 11, 2019, India’s Minister for Electronics and Information Technology introduced an updated draft of Personal Data … Continue Reading
On December 9, 2019, the German Federal Data Protection Supervisory Authority (BfDI) imposed a 9.55 million Euro fine on the telecommunications company 1&1 Telecom GmbH. The BfDI found that the authentication procedures used by 1&1’s customer helpline were insufficient and failed to satisfy the requirements of Art. 32 GDPR. The company announced that it will … Continue Reading
On December 2, 2019, the German Supervisory Authorities issued a report evaluating the implementation of the EU General Data Protection Regulation (“GDPR”) in Germany. The report describes the Supervisory Authorities’ experience thus far in applying the GDPR and lists the provisions of the GDPR they see as problematic in practice. For each of these provisions, … Continue Reading
On December 3, 2019, the EU’s new Commissioner for the Internal Market, Thierry Breton, suggested a change of approach to the proposed e-Privacy Regulation may be necessary. At a meeting of the Telecoms Council, Breton indicated that the Commission would likely develop a new proposal, following the Council’s rejection of a compromise text on November … Continue Reading
In two recent landmark decisions issued on November 6, 2019, the German Constitutional Court (“BVerfG”) presented its unique perspective on the “right to be forgotten” and announced that it will assume a greater role in safeguarding German residents’ fundamental rights from now on.… Continue Reading
On November 14, 2019, the UK Information Commissioner’s Office (“ICO”) published detailed guidance on the processing of special category data. The guidance sets out (i) what are the special categories of data, (ii) the rules that apply to the processing of special category data under the General Data Protection Regulation (“GDPR”) and UK Data Protection … Continue Reading
On November 14, 2019, the EDPB adopted a final version of Guidelines 3/2018 on the territorial scope of the GDPR (Art. 3). This takes into account the contributions and feedback that the EDPB received during a public consultation on a draft version of the guidelines (see here). The draft version of the guidelines raised many … Continue Reading
On November 15, 2019, the French Supervisory Authority (“CNIL”) published guidance on the use of facial recognition. The guidance is primarily directed at public authorities in France that want to experiment with facial recognition. The guidance warns that this technology risks leading to biased results because the algorithms used are not 100% reliable and the … Continue Reading
On November 4, 2019, the Spanish Supervisory Authority (“AEPD”), in collaboration with the European Data Protection Supervisor, published guidance on the use of hashing techniques for pseudonymization and anonymization purposes. In particular, the guidance analyses what factors increase the probability of re-identifying hashed messages. The AEPD explains that the probability of re-identification increases if more … Continue Reading
On October 31, 2019, Elizabeth Denham, the UK’s Information Commissioner issued an Opinion and an accompanying blog urging police forces to slow down adoption of live facial recognition technology and take steps to justify its use. The Commissioner calls on the UK government to introduce a statutory binding code of practice on the use of … Continue Reading
Earlier this month the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its Draft NISTIR 8267, Security Review of Consumer Home Internet of Things (IoT) Products, for public comment. NIST will accept public comments on the report through November 1, 2019.… Continue Reading
On October 17, Senator Ron Wyden introduced in the Senate a privacy bill that would expand the FTC’s authority to regulate data collection and use, allow consumers to opt out of data sharing, and create civil and criminal penalties for certain violations of the Act. The Mind Your Own Business Act of 2019 is the … Continue Reading
On October 16, 2019, the body of German Supervisory Authorities known as the Datenschutzkonferenz (“DSK”) released a document proposing a model for calculating fines under the GDPR. The DSK indicated that this model is subject to change and will be superseded by any method put forward in guidance issued by the European Data Protection Board. … Continue Reading
The Council of EU Member States – one of the two main EU lawmaking bodies – recently released a new draft version of the ePrivacy Regulation (“EPR”). Negotiations on the regulation have been deadlocked for a while, but seem to be gathering new momentum under the Finnish Presidency. Below we highlight some selected topics that … Continue Reading
The U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) now has released the preliminary draft of the “NIST Privacy Framework: A Tool for Improving Privacy through Enterprise Risk Management.” NIST is seeking comments on the preliminary draft of the Privacy Framework and plans to use these comments to develop version 1.0 of … Continue Reading
R (on the application of Edward Bridges) v The Chief Constable of South Wales [2019] EWHC 2341 (Admin) Case Note Introduction In Bridges, an application for judicial review, the UK High Court (Lord Justice Haddon-Cave and Mr. Justice Swift) considered the lawfulness of policing operations conducted by the South Wales Police force (“SWP”) which utilised … Continue Reading
