House and Senate Democrats recently unveiled proposed legislation—tentatively titled the “Public Health Emergency Privacy Act”—that would regulate the collection and use of health and location information in connection with efforts to track and limit the spread of COVID-19. Below we describe the proposed Public Health Emergency Privacy Act and how it differs with a separate … Continue Reading
On May 4th, 2020, Californians for Consumer Privacy confirmed that they had submitted hundreds of thousands more signatures than required to qualify for a ballot initiative. It is still yet unknown whether the Attorney General will qualify the ballot for the November 2020 election, let alone whether it would pass. If the initiative passes, it … Continue Reading
On April 28, 2020, the Dutch Supervisory Authority (“Dutch SA”) announced its decision to impose a fine of €725,000 on a company for unlawfully processing the biometric data of its employees. In 2018, the company concerned installed an access and time management system that collected and processed biometric templates of employees’ fingerprints. This initiative came … Continue Reading
On April 21, 2020, the European Data Protection Board (“Board”) issued guidelines on the processing of personal data for scientific research related to COVID-19. The Board indicates that the GDPR takes into account the needs of scientific research and should not be a barrier to conduct such research, while at the same time, it helps … Continue Reading
As we anticipated in a previous blog post, on April 22, 2020, the European Data Protection Board (“EDPB”) issued new guidelines on the use of location data and contact tracing apps in the context of the present COVID-19 pandemic. The EDPB’s new guidelines complement and build on similar guidance previously issued by the Board itself … Continue Reading
On April 17, 2020, the UK’s Information Commissioner’s Office (“ICO”) issued an opinion on the recently announced Apple-Google initiative to develop a Bluetooth-based Contact Tracing Framework (“CTF”) to help prevent the spread of COVID-19. The ICO opinion is generally supportive of the Apple-Google proposal and perceives it to be, at this early phase, aligned with … Continue Reading
On 8 April 2020, the European Commission adopted a recommendation on a common European Union toolbox for the use of technology and data to address the COVID-19 crisis (“Recommendation”). The Recommendation responds to calls for a common EU approach to the use of mobile apps in combatting COVID-19—one that improves the efficacy of the technology … Continue Reading
On April 7, 2020, the European Data Protection Board (“EDPB”) announced that it assigned specific mandates to two expert subgroups to prepare guidance on a number of Covid-19 related topics. The list of topics chosen by the EDPB reflects those that have received the closest scrutiny by the national authorities.… Continue Reading
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
