Archives: Data Privacy

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Five Key Themes from the FTC’s Data Portability Workshop

On September 22, 2020, the Federal Trade Commission (“FTC”) hosted “Data to Go,” a virtual workshop on data portability. The workshop convened experts from civil society, academia, and industry to discuss the potential risks as well as consumer and competition benefits of data portability, as well as issues and best practices related to its implementation … Continue Reading

EDPB Publishes Draft Guidelines on the Targeting of Social Media Users

On 7 September 2020, the European Data Protection Board (“EDPB”) adopted draft guidelines on the targeting of social media users (the “Guidelines”).  The Guidelines aim to clarify the roles and responsibilities of social media providers and “targeters” with regard to the processing of personal data for the purposes of targeting social media users.… Continue Reading

Inside Privacy Audiocast: Episode 4 – A Look into the ACLU of California’s Position on the CPRA

On our fourth episode of our Inside Privacy Audiocast, we are aiming our looking glass at the California Privacy Rights Act, and are joined by guest speaker Jacob Snow, Technology and Civil Liberties Attorney with the American Civil Liberties Union of Northern California. In September 2019, Alastair Mactaggart, Board Chair and Founder of Californians for … Continue Reading

European Commission Proposes Interim Regulation to Combat Child Sexual Abuse Online

On 10 September 2020, the European Commission proposed an interim regulation designed to enable online communications service providers to combat child sexual abuse online. Once in force, this regulation will provide a legal basis for providers to voluntarily scan communications or traffic data on their services for the limited purpose of detecting child sexual abuse … Continue Reading

Swiss Federal Data Protection Authority Removes the US from its List of Adequate Countries

On September 8, 2020, the Swiss Federal Supervisory Authority (“Swiss SA”) issued a position paper stating that Swiss companies can no longer rely on the Swiss-US Privacy Shield Framework to transfer data to the US. The Swiss SA did not revoke the Swiss-US Privacy Shield Framework because it does not have the power to do … Continue Reading

Life After Schrems II: Practical Recommendations In An Uncertain Time

On 16 July, 2020, the Court of Justice of the EU (“CJEU”), issued its decision in the Schrems II case.  In short, the CJEU invalidated the EU-U.S. Privacy Shield and clarified that the use of standard contractual clauses (“SCCs”) requires data controllers to conduct a case-by-case assessment of the level of data protection that SCCs … Continue Reading

California Legislature Extends CCPA’s Employment and Business-to-Business Exemptions

The California legislature has approved a contingency plan to ensure that certain California Consumer Privacy Act (“CCPA”) exemptions will be extended beyond December 2020.  Regardless of what happens with the November ballot initiative, businesses will have at least another year before they must comply with all of the CCPA’s provisions when collecting or using certain … Continue Reading

LGPD Effective Imminently

On August 26, 2020, the Brazilian Senate rejected an alteration made to Article 4 of Provisional Measure 959/20 — an alteration intended to postpone the effective date of the General Data Protection Law (“LGPD”) until December 31, 2020.  Following the removal of Article 4 — and many months of uncertainty — the LGPD’s effective date … Continue Reading

Inside Privacy Audiocast: Episode 3 – Emerging Data Privacy Issues in Brazil

On our third episode of our Inside Privacy Audiocast, we are aiming our looking glass at Brazil’s new data protection statute, Lei Geral de Proteção de Dados (or LGPD), and are joined by Ronaldo Lemos, a partner at Rennó Penteado. In our episode recorded earlier this week, Dan Cooper and Ronaldo discuss the LGPD, which … Continue Reading

Final CCPA Regulations Take Effect With Modification; Extension of Employee and Business-to-Business Exemptions Advances

Two developments in the past week will likely have a significant impact on businesses subject to the California Consumer Privacy Act (“CCPA”): the long-awaited CCPA regulations have been finalized and put into immediate effect with modifications, while at the same time it seems increasingly likely that the exemptions for employees’ and business-to-business contacts’ data will … Continue Reading

UK ICO publishes guidance on Artificial Intelligence

On July 30, 2020, the UK Information Commissioner’s Office (“ICO”) published its final guidance on Artificial Intelligence (the “Guidance”).  The Guidance sets out a framework for auditing AI systems for compliance with data protection obligations under the GDPR and the UK Data Protection Act 2018.  The Guidance builds on the ICO’s earlier commitment to enable … Continue Reading

California Legislature Advances Privacy Legislation

Today, the California Senate Judiciary Committee will consider AB 1281, which would extend the California Consumer Privacy Act’s (CCPA) business-to-business and employment exemptions until January 1, 2022, in the event that the pending ballot initiative—which also would extend the exemptions—does not pass this November. In addition, the Committee will consider two contact tracing measures, AB … Continue Reading

Inside Privacy Audiocast: Episode 2 – Data Protection Hot Topics in Russia

On the second episode of our Inside Privacy Audiocast, we are aiming our looking glass at Russia, and are joined for our discussion by Partner Maria Ostashenko and Senior Associate Anastasia Petrova of the Data Protection and Cybersecurity practice at the Alrud law firm in Moscow. The pair discuss Russia’s data protection framework, zooming in … Continue Reading

Inside Privacy Audiocast: Episode 1 – Post-Schrems II: Paving A Way Forward

The Court of Justice of the European Union’s recent decision in the “Schrems II’ case was one of the most highly anticipated decisions in the world of data privacy, striking down the EU-U.S. Privacy Shield, but upholding the validity of standard contractual clauses. Tune in to the first episode of Covington’s Inside Privacy Audiocast, where … Continue Reading

AI Update: EU High-Level Working Group Publishes Self Assessment for Trustworthy AI

On July 17, 2020, the High-Level Expert Group on Artificial Intelligence set up by the European Commission (“AI HLEG”) published The Assessment List for Trustworthy Artificial Intelligence (“Assessment List”). The purpose of the Assessment List is to help companies identify the risks of AI systems they develop, deploy or procure, and implement appropriate measures to … Continue Reading

EU’s Highest Court Strikes Down Privacy Shield But Upholds Other Key International Data Transfer Mechanism

Today, the Court of Justice of the European Union issued a landmark decision striking down the EU-U.S. Privacy Shield—an agreement between EU and U.S. authorities authorizing transfers of EU personal data to the United States—but upholding the validity of standard contractual clauses (“SCCs”), another mechanism that EU-based organizations use to transfer data internationally. Covington represents … Continue Reading

European Commission Publishes 2-Year Report on the Implementation of the GDPR

On June 24, 2020, the European Commission (“Commission”) published its much-anticipated assessment of the EU’s General Data Protection Regulation (“GDPR”) two years after it went into effect.  The assessment takes into account contributions from the European Council, the European Parliament, the European Data Protection Board (“EDPB”), individual supervisory authorities, the Multi-Stakeholder Expert Group and other … Continue Reading

French Council of State Decides that the French Supervisory Authority Cannot Prohibit Cookie Walls

On June 19, 2020, the French Council of State (Conseil d’État) decided that the French Supervisory Authority (“CNIL”) had gone too far in its guidance on cookies and similar technologies when it stated that conditioning a user’s access to a website upon his or her acceptance of certain cookies (commonly known as “cookie walls”) is … Continue Reading

Belgian SA Decision on Lodging GDPR Complaints

On June 8, 2020, the Belgian Supervisory Authority (“SA”) fined a (then ex-) politician €5,000 for sending political marketing materials without an appropriate legal basis.  Although the fine was not massive, the case is interesting for another reason: the complaint was brought not by the individuals who received the marketing materials, but by their employer. … Continue Reading

Belgian Supervisory Authority’s GDPR Track Record So Far

On May 25, 2020, the second anniversary of the GDPR, the Belgian Supervisory Authority (“SA”) released an overview of its first full year of activity (available in French here, and in Dutch here).  To be clear, this was not a delay in reporting, but rather shows that the Belgian legislature was late in creating its … Continue Reading

French CNIL Publishes Paper on Algorithmic Discrimination

On June 2, 2020, the French Supervisory Authority (“CNIL”) published a paper on algorithmic discrimination prepared by the French independent administrative authority known as “Défenseur des droits”.  The paper is divided into two parts: the first part discusses how algorithms can lead to discriminatory outcomes, and the second part includes recommendations on how to identify … Continue Reading

Bipartisan Bill Introduced in Senate Would Regulate COVID-19 Apps

Senators Maria Cantwell (D-WA) and Bill Cassidy (R-LA) introduced bipartisan legislation this week to address privacy issues in the COVID-19 era.  The proposal, entitled the “Exposure Notification Privacy Act,” would regulate “automated exposure notification services” developed to respond to COVID-19.  This bipartisan legislation comes on the heels of dueling privacy proposals from both political parties.  … Continue Reading

German Federal Supreme Court Issued Cookie Decision in Planet 49 Case

On May 28, 2020, the German Federal Supreme Court handed down its decision in the Planet 49 case regarding the consent requirements for the use of cookies. The decision follows the Court of Justice of the European Union’s preliminary ruling of September 10, 2019. The decision has not yet been published, but the court has … Continue Reading
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