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PH Privacy

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.
UK Information Commissioner calls time on GDPR non-compliance
The message is clear – any unwritten grace period for compliance is over. It is no longer enough for companies to say they will or are taking steps to comply; the accountability principle is live – you either comply or risk being caught out and subject to the sanctions that the regulators are not afraid to impose.
FTC Proposes to Ramp Up Data Security Obligations on Financial Institutions
Amid amplified calls for a national data privacy standard, the Federal Trade Commission (“FTC”) recently announced proposed amendments to the Safeguards Rule under the Gramm-Leach-Bliley Act (“GLBA”) for financial services—inviting both praise and concern from industry experts.
The EU-US Privacy Shield Lives to Fight Another Day
The European Commission published its second annual review of the Privacy Shield agreement today, largely repeating what it said last year, that the regime is “ok” but could be better. It confirmed that it was happy the US ensures an adequate level of protection for personal data transferred under the arrangement, and has made some improvements, but progress is slow and there is more work to do.
European Parliament Votes to Suspend EU-U.S. Privacy Shield
On July 5, 2018, the Members of European Parliament (MEP) passed a non-binding resolution, 303 to 223 votes, with 29 abstentions to suspend the Privacy Shield Framework (“Privacy Shield”) “unless the U.S. is fully compliant” by September 1, 2018.
Carpenter v. United States: A Watershed for Digital Privacy
On Friday, June 22, Chief Justice Roberts, along with Justices Ginsburg, Breyer, Sotomayor and Kagan, wrote the majority opinion, holding that the government’s acquisition of historic cell-site location information (HCSLI) – at least to the extent it includes 7 days or more of cell-site records – was a search and thereby required a warrant.
11th Circuit to FTC: General Prescriptions of “Reasonableness” in Data Security Are Unreasonably Vague
The long-running saga of LabMD’s battle with the Federal Trade Commission may be nearing its end. As readers of our blog posts are aware, the now-defunct medical testing company has been fighting with the FTC over allegations that its data security practices were “unfair” for several years. Last week, the 11th Circuit issued a decision finding that the commission’s order against the company was enforceable because it did not enjoin a specific act or practice and was too vague.
Tech Giants Already Facing Complaints Under GDPR
Max Schrems, a European privacy activist - best known for bringing down “Safe Harbour” – has filed complaints against four of the biggest US tech giants under the new EU General Data Protection Regulation (GDPR). According to Max Schrem’s non-profit organisation, None of Your Business, the complaints were filed on Friday 25 May, coincidentally (some might argue too coincidentally), the very first day of GDPR’s entry into force; and are said to be worth a combined total of over EUR 7 billion, in maximum imposable penalties.
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