Archives: Privacy Policies

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New Calculation Model for Data Protection Fines in Germany

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  The DSK indicated that this model is subject to change and will be superseded by any method put forward in guidance issued by the European Data Protection Board.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

ICO Updates Guidance on Cookies and Similar Technologies

Back in 2013, we published a blog post entitled, “European Regulators and the Eternal Cookie Debate” about what constitutes “consent” for purposes of complying with the EU’s cookie rules.  The debate continues…  Yesterday, the ICO published new guidance on the use of cookies and a related “myth-busting” blog post.  Some of the “new” guidance really … Continue Reading

German DSK publishes guidance on the applicability of the German Telemedia Act to telemedia services

On April 5, 2019, the association of German Supervisory Authorities for data protection (‘Datenschutzkonferenz’ or ‘DSK’) published a guideline regarding the applicability of the German Telemedia Act (‘TMG’) to telemedia services – including, for example, the use of website cookies for targeted advertising post-GDPR. The guideline aims to “clarify and concretize” a previous statement on … Continue Reading

Polish Supervisory Authority issues GDPR fine for data scraping without informing individuals

On March 26, 2019, the Polish Supervisory Authority (“SA”) issued a fine of around €220,000 against a company that processed contact data obtained from publicly available sources without informing the individuals concerned (decision in Polish here and English summary here). Article 14 of the GDPR requires data controllers, who do not obtain personal data directly … Continue Reading

EU Advocate General Issues Opinion on Consent for Cookies and Intersection with the GDPR

On March 21, 2019, Advocate General Szpunar released his opinion in the Planet49 case, currently pending before the Court of Justice of the European Union (CJEU).  The case centers on the use of consent for the processing of personal data and consent for the use of cookies. Planet49 GmbH offered an online lottery service for … Continue Reading

Google fined €50 million in France for GDPR violation

On January 21, 2019, the French Supervisory Authority for data protection (“CNIL”) issued a fine of €50 million against Google for violations of the General Data Protection Regulation (“GDPR”) (the decision was published in French here).  The CNIL’s decision was triggered by complaints from two non-profit organizations together representing 9974 individuals. The case raises a … Continue Reading

GDPR: Top 5 Post-Implementation Issues for Airlines

On 25 May 2018, the EU General Data Protection Regulation (GDPR) came into effect. The GDPR establishes some of the most robust privacy requirements globally and is likely to be a model followed by other jurisdictions. Airlines are uniquely affected by the GDPR with passenger data being at the heart of their business and international … Continue Reading

California Adopts Expansive Consumer Privacy Law

On June 28, 2018, California enacted the California Consumer Privacy Act of 2018 (“CCPA”), which is aimed at strengthening consumer privacy rights and data security protections.  The CCPA takes effect on January 1, 2020 and is considered the most stringent privacy law in the country. The CCPA applies to for-profit entities that conduct business in … Continue Reading

EU Regulators Provide Guidance on Notice and Consent under GDPR

The Article 29 Working Party (WP29) has published long-awaited draft guidance on transparency and consent under the General Data Protection Regulation (“GDPR”).  We are continuing to analyze the lengthy guidance documents, but wanted to highlight some immediate reactions and aspects of the guidance that we think will be of interest to clients and other readers … Continue Reading

GAO Releases New Vehicle Data Privacy Report

On August 28, 2017, the U.S. Government Accountability Office (“GAO”) publicly released a report regarding consumer privacy issues associated with the rapidly increasing number of cars that are “connected”—i.e., capable of wirelessly monitoring, collecting, and transmitting information about their internal and external environments.  The report examines four key issues: (1) the types of data collected … Continue Reading

Chinese Agencies Announce Plan to Audit Privacy Policies of Ten Popular Online Services

On July 26, four Chinese agencies, the Cyberspace Administration of China (“CAC”), the Ministry of Industry and Information Technology (“MIIT”), the Ministry of Public Security (“MoPS”), and the National Standards Committee, announced their plan to begin the government’s campaign to improve the protection of personal information, according to Xinhua News Agency (link is in Chinese).  … Continue Reading

New Republican Privacy Bill Would Expand Scope of “Sensitive” Data

Representative Marsha Blackburn (R-TN) has introduced a bill, the “Balancing the Rights of Web Surfers Equally and Responsibly Act of 2017” (“BROWSER Act,” H.R. 2520) that would  create new online privacy requirements.  The BROWSER Act would require both ISPs and edge providers (essentially any service provided over the Internet) to provide users with notice of … Continue Reading

FTC Releases Cross-Device Tracking Report

The Federal Trade Commission yesterday released its report on cross-device tracking.  The report, which follows the Commission’s November 2015 Cross-Device Tracking Workshop, describes some of the current approaches to track consumers across multiple connected devices, discusses industry self-regulatory approaches to protect consumer privacy, and offers recommendations for how to apply longstanding FTC principles like transparency, … Continue Reading

FTC Releases Privacy Disclosure Staff Summary

On November 30, the FTC released a staff summary of its September 15, 2016 public workshop, Putting Disclosures to the Test.  Numerous goods and services, from home appliances to financial services, make use of disclosures to inform users of their privacy practices.  These disclosures—whether delivered offline or online, via text, video, or audio—are a key … Continue Reading

China Issues Draft Regulations on Protecting Minors in Cyberspace

China’s top internet regulator, the Cyberspace Administration of China (“CAC”), continues to show interest in setting more stringent rules governing the protection of minors in the context of online activities and data privacy. Immediately prior to the October holiday, CAC released for public comment new draft regulations aimed at protecting minors on the Internet, the … Continue Reading

ONC Report to Congress Identifies Gaps in Oversight of Privacy and Security of mHealth Technologies and Health Social Media

Today we published a post on the Covington eHealth blog regarding a recent report by the U.S. Department of Health and Human Services (HHS), Office of the National Coordinator for Health Information Technology (ONC).  The ONC report highlights “large gaps” in policies and oversight surrounding access to and security and privacy of health information held by … Continue Reading

FCC Releases NPRM on Broadband Privacy Rules

Last Friday, the Federal Communications Commission (“FCC”) released its much-anticipated Notice of Proposed Rulemaking (NPRM) setting forth and seeking comment on proposed rules to govern the privacy practices of broadband internet access service providers (BIAS providers).  Among other things, the NPRM outlines the FCC’s proposed rules for broadband privacy policies, the level of customer approval … Continue Reading

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

Earlier this week, the Online Trust Alliance released a draft framework of best practices for Internet of Things device manufacturers and developers, such as connected home devices and wearable fitness and health technologies.  The OTA is seeking comments on its draft framework by September 14. The framework acknowledges that not all requirements may be applicable … Continue Reading

White House Privacy Bill: A Deeper Dive

As we reported earlier today, the long-awaited White House draft of privacy and data security legislation has been released. While the United States does not today have a comprehensive privacy and data security law, the proposed Consumer Privacy Bill of Rights would impose a suite of substantive privacy and data security obligations across sectors and … Continue Reading

China’s Internet Gatekeeper Announces Legislation to Enhance Personal Information Protection

China’s principal internet regulator, the Cyberspace Administration of China (“CAC”), announced this week that China will move forward new legislation to combat the improper collection, use, and sale of personal information. The new legislation, announced during an interview of a senior CAC official by state-owned Xinhua News, is reportedly being drafted by CAC, the Ministry … Continue Reading

China Clarifies Requirements for Companies Regarding Consumers’ Personal Information

New consumer protection provisions that clarify how companies may collect, use, and protect personal information of consumers will come into effect in China on March 15, 2015. On January 5, 2015, China’s State Administration of Industry and Commerce (“SAIC”) issued measures to implement China’s Consumer Rights Protection Law (“CRPL”), which was amended effective March 2014 … Continue Reading

Carnegie Mellon Grades Privacy of Android Apps

Researchers at Carnegie Mellon University have designed a website that doles out grades to Android apps based on their privacy practices. The website, privacygrade.org, assigns grades based on a model that measures the gap between people’s expectations of an app’s behavior and how the app actually behaves. The grades range from A+, representing no privacy … Continue Reading

Covington Selected to Lead Panel at #SXSW 2015

Covington has been selected to host a panel and privacy-by-design bootcamp at the 2015 South by Southwest (“SXSW”) Interactive Festival, which will take place next March 13-17.  The panel will be led by Covington associates Libbie Canter and Meena Harris, both members of the firm’s Privacy and Data-Security practice group.  With more than 4,500 entries … Continue Reading

CFPB Finalizes Rule to Allow Online Privacy Disclosures from Financial Institutions

By Ani Gevorkian On Monday, the Consumer Financial Protection Bureau (CFPB) finalized a rule that promotes more effective privacy disclosures and saves the financial services industry around $17 million dollars.  The new rule permits financial institutions that restrict data-sharing to post their annual privacy notices online rather than delivering them to customers individually.  The rule will … Continue Reading
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