On January 14, 2019, the Court of Justice of the European Union (“CJEU”) decided that video recordings of police officers in the exercise of their duties and the uploading of such videos on YouTube may constitute “journalistic activities” in the meaning of the journalism exception of the EU Data Protection Directive (“Directive”) (available here).

On February 12, 2019, the European Data Protection Board (“EDPB”) published two information notes to highlight the impact of a so-called “No-deal Brexit” on data transfers under the EU General Data Protection Regulation (“GDPR”), as well as the impact on organizations that have selected the UK Information Commissioner (“ICO”) as their “lead supervisory authority” for

The European Data Protection Board (“Board”) released an opinion on January 23, 2019, on the intersection between the EU General Data Protection Regulation (“GDPR”) and the Clinical Trials Regulation (“CTR”).  The opinion considers a Q&A on this topic prepared by the European Commission’s Directorate General for Health.  The Directorate General decided to create this Q&A

[Update to previous post from August 17, 2018]

On January 23, 2019, the European Commission and Japan mutually recognized each other’s data protection laws as providing an adequate level of protection of personal data (see European Commission press release here). As a result, nearly all personal data can now flow freely between the EU

Under the Data Protection Directive (now superseded by the General Data Protection Regulation, “GDPR”), it was disputed whether a violation of the German Data Protection Law transposing the Directive could serve as a basis for anti-competition claims under the German Act Against Unfair Competition (“Gesetz gegen den unlauteren Wettbewerb”, “UWG”).  Since the entry

The California legislature recently passed three bills meant to address rapidly-developing technologies including the Internet of Things, artificial intelligence (AI), and chatbots.

Internet of Things. At the end of August, California became the first state to promulgate regulations requiring security features for Internet-connected devices. Senate Bill 327 requires that a manufacturer of a connected device equip the device with “reasonable security features” that are (1) appropriate to the nature and function of the device; (2) appropriate to the information it may collect, contain, or transmit; and (3) designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.
Continue Reading IoT and AI Update: California Legislature Passes Bills on Internet of Things, Artificial Intelligence, and Chatbots

On September 26th, the Senate Committee on Commerce, Science, and Transportation held a hearing on data privacy, focusing in part on the potential for federal privacy regulation. The discussion centered on two issues: (1) the potential for Congress to pass a federal privacy law, including the scope and model for any such law, and (2)

By Lauren Moxley

Today, the Supreme Court released its decision in Byrd v. United States.  The Court held that under the Fourth Amendment, a driver of a rental vehicle can challenge a search of the vehicle even if he is not listed as an authorized driver on the rental agreement.

The case began in

This month, China’s National Information Security Standardization Technical Committee (“NISSTC”) organized a meeting to launch a working group tasked with drafting a Personal Information Security Standard (“PIS Standard”). NISSTC is a government committee jointly supervised by the Standardization Administration of China and the Cyberspace Administration of China. In addition to the government agencies, several Chinese research institutions and Internet companies (including Tencent and Alibaba) will also participate in the working group.
Continue Reading China Formulating Standards for Personal Information Security and Data Protection

A new post on the Covington eHealth blog discusses the new web-based interactive tool released by the FTC, in conjunction with HHS and the FDA, to assist mobile health app developers in navigating applicable federal laws and regulations in the areas of advertising and marketing, medical devices, and data security and privacy.  As part of