After nearly four years of negotiation and wrangling, European Officials announced yesterday that they had finally reached agreement on the language for the EU’s new General Data Protection Regulation (“Regulation), which will replace the aging 1995 Data Protection Directive (“Directive”).
In many ways, the announcement is welcome news as it…
On January 1, 2016, the Delaware Online Privacy and Protection Act (“DOPPA”) will go into force, a law that provides strong online privacy protection for its residents. The new law targets three areas of compliance: (1) advertising to children; (2) conspicuous posting of a compliant privacy policy; and (3) enhancing the privacy protections of users of digital books (“e-books”). The law grants the state’s Consumer Protection Unit of the Department of Justice the authority to investigate and prosecute violations of the law. This new Delaware law is substantially similar to three existing California laws that regulate the same practices. Given the similarities in language, DOPPA was clearly drafted with the California laws in mind.
On July 2, 2014 Singapore’s new Personal Data Protection Act (the “PDPA” or the “Act”)) will go into force, requiring companies that have a physical presence in Singapore to comply with many new data protection obligations under the PDPA. Fortunately, in advance of the Act’s effective date, the Singapore Personal Data Commission has recently promulgated Personal Data Protection Regulations (2014) (the “Regulations”) to clarify companies’ obligations under the Act.
Under the PDPA, an individual may request from an organization that is subject to the Act access to, and correction of, the personal data that the organization holds about that individual. The Regulations clarify that the request must be made in writing and must include sufficient identifying information in order for the organization to process the request. The Regulations also specify that the request for access or correction should be made to the company’s Data Protection Officer (which companies are now required to appoint under the Act). Under the Regulations, an organization must respond to the request for access to personal data “as soon as practicable” but if it is anticipated that it will take longer than 30 days to do so, the organization must so inform the individual within that 30 day period.
On October 21, a key European parliamentary committee (the Committee on Civil Liberties, Justice and Home Affairs (“Committee”) approved an amended version of the draft EU Data Protection Regulation, paving the way for further negotiations with EU governmental bodies. The goal, according to a press release by the Committee, is…
On September 27, California Governor Jerry Brown signed a new privacy law that has significant repercussions for nearly every business in the United States that operates a commercial website or online service and collects “personally identifiable information” (which means, under the law, “individually identifiable information about an individual consumer collected…
Two and a half years after initiating a review of the Children’s Online Privacy Protection Rule (the “Rule”), the Federal Trade Commission (FTC) announced on December 19, 2012 that the Rule will be amended to clarify perceived ambiguities and to strengthen the Rule’s protections for children who engage in online…
In a move that will no doubt please many consumers, on February 15, 2012, the Federal Communications Commission approved a new set of rules aimed to substantially curb the practice of telemarketers to engage in "robocalling", or the placing of automatic, pre-recorded calls. The key development in the FCC’s 48 page Report and Order is that now, prior to initiating a "robo call", a telemarketer must obtain the consumer’s express written consent. This new requirement of express written consent supplants the previous robocalling regime, where merely having an "existing business relationship" with a consumer was sufficient to create an exemption from the ban against robocalling; that exemption has now been eliminated under the rules.
On July 25, Russian President Dmitry Medvedev signed into law an amendment to the Russian data protection law, "On Personal Data". The new amendments are effective as of July 1, 2011. Of special significance, the amendments provide further clarification regarding the transfer of personal data to individuals or entities located outside of Russia. Prior to the recent amendments, before transferring personal data from Russia to, for example, the United States, in the absence of obtaining prior written consent, a company needed to determine whether the United States (or another country, as the case may be) possessed data protection laws that provided an "adequate" level of protection. However, the old Russian law provided little clarification as to which countries qualified under that standard, or how a company should go about deciding which countries qualified.
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