Privacy and Data Security

In celebration of data privacy as a human right as part of South Africa’s Human Rights Day 2021, we feature special guest Advocate Pansy Tlakula, Chairperson of the Information Regulator of South Africa on Episode 12 of Covington’s Inside Privacy Audiocast. Together with Dan Cooper and Mosa Mkhize, we discuss the Information Regulator of

On February 18, 2021, the District Court of Berlin overturned a €14.5 million fine that had been imposed on German real estate company Deutsche Wohnen SE.  The Court held that the fine – which was issued by the Berlin Supervisory Authority (“SA”) and had been the second highest fine in Germany so far under the EU General Data Protection Regulation (“GDPR”) – failed to satisfy certain rules under German law, and therefore was invalid.

This case raises important questions on the interplay between the GDPR and German law regarding the attribution of regulatory offenses to a company.  In this blog post, we consider this topic in greater depth and how it may eventually be resolved in court.

Continue Reading German Court Overturns GDPR Fine, Raises Legal Questions About Fines Against Companies

Several states have proposed new privacy bills since their sessions began.  Some of the proposed bills carry over or re-introduce bills drafted in previous legislative sessions, while others are introducing firstin-time omnibus privacy bills.  In the high-level chart below, we compare five of the key state privacy frameworks: the CPRA, VCDPA (which we blogged about here), the NYPA, the general privacy provisions of the Washington Privacy Act, and the newly introduced Washington People’s Privacy Act (HB 1433)

Continue Reading 2021 State Privacy Legislation Roundup: California, Virginia, New York, and Washington

On January 18, 2021, the European Data Protection Board (“EDPB”) published its draft Guidelines 01/2021 on Examples regarding Data Breach Notification (“Guidelines”) (available here).  The Guidelines aim to assist data controllers in responding to and assessing the risk of personal data breaches, providing “practice-oriented, case-based guidance” which draws from the experiences of European supervisory authorities since the EU General Data Protection Regulation (“GDPR” or “Regulation”) went into effect in 2018.

The Guidelines are currently open for public consultation until March 2, 2021.  In this blog post, we summarize a few key takeaways from the Guidelines.

Continue Reading EDPB Publishes Draft Guidelines on Data Breach Notification Examples

Yesterday, the California Attorney General (“AG”) proposed a fourth set of modifications to the California Consumer Privacy Act regulations. These modifications build on the third set of proposed regulations released by the AG in October, which we discussed here. Interested parties have until December 28 to submit comments in response.
Continue Reading California Attorney General Releases Fourth Set of Proposed Modifications to California Consumer Privacy Act Regulations

Voters in California approved Proposition 24, which updates the California Consumer Privacy Act (“CCPA”) just a few months after the landmark regulations implementing the privacy law went into effect.  As we have previously explained, the California Privacy Rights Act (“CPRA”) will change the existing CCPA requirements in a number of ways, including limiting the sharing of personal information for cross-context behavioral advertising and the use of “sensitive” personal information, as well as creating a new correction right.  It also establishes a new agency to enforce California privacy law.  The key provisions of the bill will not go into effect until January 1, 2023, providing much-needed time to clarify the details and for businesses to adjust their CCPA compliance approaches to account for the additional requirements.

Continue Reading Californians Approve Ballot Initiative Modifying the California Consumer Privacy Act

Over the past 9 months, the UK has been hammering out the shape of its future trading relationship with the EU, as well as many others, and there apparently are signs of progress in the past few days as a result of intensified talks between the two sides. Some are reporting a deal will be

On September 30, 2020, the French Court of Cassation (“Court”) ruled in favor of an employer that dismissed an employee because of the contents of a Facebook post (the decision is available here, in French).  In particular, the employee in this case posted a photograph of a new clothing collection of the employer on

On October 9, 2020, the French Supervisory Authority (“CNIL”) issued guidance on the use of facial recognition technology for identity checks at airports (available here, in French).  The CNIL indicates that it has issued this guidance in response to a request from several operators and service providers of airports in France who are planning to deploy this technology on an experimental basis.  In this blog post, we summarize the main principles that the CNIL says airports should observe when deploying biometric technology.

Continue Reading French Supervisory Authority Releases Strict Guidance on the Use of Facial Recognition Technology at Airports

Recently, there has been a significant level of attention given to data protection and privacy matters on the Continent, and in the just the past year, we have seen new laws proposed or enacted in places like Nigeria, Egypt, Kenya, and of course South Africa, although prior to that, places like Morocco, Ghana and Mali