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PH Privacy

CCPA Amendment Effort Largely Fizzles Out: Only Modest Changes Enacted (But Employment Info Is Granted a Partial One-Year Reprieve)
The California State Legislature’s session ended this weekend after passing a modest selection of amendments to the California Consumer Privacy Act (the “CCPA”). The California governor has until October 13 to sign them into law, which he is expected to do.
California Legislature Adopts Temporary Ban on Facial Recognition by Law Enforcement
On Thursday, September 12, 2019, the California legislature adopted a three-year moratorium on state and local law enforcement use of facial recognition through body-worn cameras. The bill, AB-1215, now heads to Governor Gavin Newsom’s desk and would come into effect on January 1, 2020, if signed.
The CCPA and COPPA: Looking for the “Betwixt and Between”
The California Consumer Privacy Act of 2018 (“CCPA”), which takes effect January 1, 2020, prohibits businesses from selling the personal information of California residents under the age of 16 without their opt-in consent (or the consent of their parent or guardian for residents under the age of 13).
Fashion ID: Website Operators Jointly Liable For Data Collection and Transmission Through Social Media Plug-Ins
On July 29, 2019, the European Court of Justice (the “ECJ”) decided that website operators are joint controllers, and thus jointly liable, with plug-in providers when embedding their social media buttons (or other plug-ins) that collect and transmit personal data.
Data Collection Moves Fast: the FTC Seeks Comment on Modernizing the COPPA Rule
The FTC seeks comment on the Rule in light of myriad new ways in which technology allows for personal information to be collected, and has issued specific questions to direct the conversation.
New York Senate Considers Sweeping New Privacy Bill That Would Create a Fiduciary Duty to Consumers
The New York Senate recently took up a paradigm-shifting data privacy bill intended to expand New Yorkers’ rights to control how companies use their personal data, and to force tech companies to make fundamental changes to the way they do business with the state’s residents.
British Airways faced with record fine of £183.39M for personal data breach
The UK’s supervisory authority, acting as case lead on behalf of other EU Member States, has today released its notice of intention to fine British Airways £183.39M for infringements of the General Data Protection Regulation (GDPR).
The European Commission set to take the next step towards cyber regulation
The Cybersecurity Act (the “Act”) will come into effect in Europe on 27 June 2019. The threat of cybercrime and the risks relating to cybersecurity are undoubtedly on the rise. One of the key drivers behind the Act was said to be to help individuals build trust in the devices they use every day, with the idea being that cybersecurity becomes simply another factor consumers take into account when choosing their device - alongside the usual considerations such as price, durability and appearance. This mirrors one of the key drivers behind the GDPR: individuals being given more control over how their personal data is processed.
FTC Zeroes in on False Claims of Certified Participation in Cross-Border Privacy Frameworks
The Federal Trade Commission (“FTC”) announced last week that it has issued a warning letter to more than a dozen unnamed companies for misrepresenting—on their websites, privacy policies, and other public statements—that they are certified participants in the U.S.-EU Safe Harbor and the U.S.-Swiss Safe Harbor agreements.
EU Commission Determined To Raise Awareness of GDPR Among EU Data Subjects
The European authorities want to encourage individuals to take control over the use of their personal data – and, it seems, stop tech companies (be they mobile app providers, internet service providers and social media companies) from gathering excessive amounts of personal data.
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