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
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 operations. As new technologies allow airlines to pursue new and innovative uses of customer data, it is imperative that airlines continue to conduct their operations with GDPR compliance in mind, particularly given the financial and other reputational issues that can arise for a failure to meet the GDPR’s strict requirements.
Below are 5 key issues for airlines to consider in relation to the GDPR post-implementation.
Continue Reading GDPR: Top 5 Post-Implementation Issues for Airlines
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…
The Article 29 Working Party (WP29) has published long-awaited draft guidance on transparency and consent under the General Data Protection Regulation (“GDPR”).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 of InsidePrivacy. The draft guidance is open for consultation until 23 January 2018.
Continue Reading EU Regulators Provide Guidance on Notice and Consent under GDPR
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 by connected cars and transmitted to selected automakers, and how such automakers use and share such data; (2) the extent to which selected automakers’ privacy policies are in line with established privacy best practices; (3) selected experts’ views on privacy issues related to connected cars; and (4) federal roles and efforts related to consumer privacy and connected cars.
The GAO turned to a variety of resources to explore the four identified issues. For starters, the GAO conducted a series of interviews with relevant industry associations, organizations that work with consumer privacy issues, and a sample of sixteen automakers (thirteen of which offered connected vehicles) based on their vehicle sales in the U.S. In addition, the GAO analyzed selected automakers’ privacy policies and compared them to privacy frameworks developed by the Organization for Economic Cooperation and Development (“OECD”) as well as the Federal Trade Commission (“FTC”), the National Highway Traffic Safety Administration (“NHTSA”), and the National Institute of Standards and Technology (“NIST”). Finally, the GAO consulted relevant sources (e.g., federal statutes, regulations, and reports) and interviewed agency officials, including those from the Department of Transportation (“DOT”), the FTC, and the Department of Commerce.
Continue Reading GAO Releases New Vehicle Data Privacy Report
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). The campaign, called “Action Plan to Improve Personal Information Protection,” will start with the audit of privacy policies of the ten most popular online services in China.
This development signals the government agencies’ increased focus on companies’ data protection practices. Companies operating in China should consider reviewing their privacy policies and data practices in country to conform with legal requirements and best practices.
Continue Reading Chinese Agencies Announce Plan to Audit Privacy Policies of Ten Popular Online Services
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 their privacy policies, obtain opt-in consent for sensitive data, and opt-out consent for non-sensitive data. In its current form, the BROWSER Act would define sensitive data more broadly than in existing FTC guidelines—mirroring the since-repealed privacy rules that the FCC adopted last year for ISPs, but applying those standards to ISPs and edge providers alike.
The BROWSER Act defines “sensitive user information” to include financial information, health information, children’s data, social security numbers, precise geo-location information, contents of communications, and, most notably, web browsing or app usage histories. ISPs and edge providers must obtain “opt-in approval” from users prior to using, disclosing, or permitting access to such sensitive information. For “non-sensitive user information,” the BROWSER Act requires opt-out consent. And companies may not condition the provision of services, or otherwise refuse services, based on the waiver of privacy rights under the BROWSER Act.
Continue Reading New Republican Privacy Bill Would Expand Scope of “Sensitive” Data
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…
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 tool for consumers in learning the information they need to make informed decisions in the marketplace. The FTC has previously issued guidance about making effective digital disclosures and mobile privacy notices. The workshop went beyond these areas and discussed disclosures for a range of products through the lens of multiple disciplines.
The FTC workshop had nearly 1,000 attendants (including, of course, online participants). These participants explored the following topics:…
Continue Reading FTC Releases Privacy Disclosure Staff Summary
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 Regulations on the Protection of Minors in Cyberspace (“Draft Regulations”), which contain significant provisions addressing minors’ data privacy. Note that the scope of this new regulation is broader than the US’s Children’s Online Privacy Protection Act (“COPPA”), which focuses primarily on children’s privacy issues.
Continue Reading China Issues Draft Regulations on Protecting Minors in Cyberspace