The final version of the new standard contractual clauses (“SCCs”) were published by the European Commission on June 4, 2021. Many organizations that transfer or receive personal data originating in the European Economic Area (“EEA”) outside the EEA will be required to implement these SCCs with their customers, suppliers and affiliates by December 2022 to … Continue Reading
On April 30, 2020, the French data protection authority, the CNIL, published a guidance surrounding considerations behind what it calls “commercial prospecting,” meaning scraping publicly available website data to obtain individuals’ contact info for purposes of selling such data to third parties for direct marketing purposes. The guidance is significant in two respects. First, it … Continue Reading
On October 11, 2019, the California Governor, Gavin Newsom, signed into law five CCPA-amending bills and an additional CCPA-related bill that were awaiting his signature. The CCPA, or the California Consumer Privacy Act of 2018, gives California consumers certain rights to learn about and control how a business within the CCPA’s scope handles the personal … Continue Reading
The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation. It is not news that the rules of evidence and data privacy laws may be conflicting. A recent decision of the French Supreme Court[1] illustrates this tension and highlights the need for litigators to take into account data … Continue Reading
In the context of enforcement of the European General Data Protection Regulation (“GDPR)[1] on May 25, 2018, charitable organizations have showed an increased concern as to whether the GDPR applies to them, and what being subject to the GDPR means.… Continue Reading
The FTC released its final report titled "Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Business and Policymakers" which sets forth principles that companies are recommended to follow with respect to their privacy practices.
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With social networking sites proliferating across international boundaries, privacy and data protection concerns are becoming increasingly relevant. With these concerns in mind, the Article 29 Working Party, an independent European advisory body on data protection and privacy, adopted an opinion on online social networking on June 12, 2009. As noted by the Working Party, the … Continue Reading
Several Google executives, including the Company's global privacy counsel, Peter Fleischer, will face criminal charges in Italian court stemming from Italian authorities' two-year investigation of a video posted on Google Video showing a disabled teen being taunted by classmates. The video, posted in 2006, depicts four high school boys in a Turin classroom taunting a classmate with Down syndrome and ultimately hitting the young man over the head with a box of tissues. Google removed the video on November 7, 2006, less than twenty-four hours after receiving multiple complaints about the video. Nonetheless, Fleischer and his Google colleagues face criminal charges of defamation and failure to exercise control over personal information that carry a maximum sentence of three (3) years.
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A new Act of Parliament gives the United Kingdom's Information Commissioner's Office (ICO) the authority to impose monetary penalties for misuse of personal data in violation of section 55 of the Data Protection Act of 1998 (DPA).
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The European Commission Article 29 Data Protection Working Party ("Working Party") recently released its opinion on data protection issues related to search engines. The opinion specifically addresses the applicability of the Data Protection Directive (95/46/EC) and the Data Retention Directive (2006/24/EC) to the processing of personal data by search engines.
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