PH Privacy

Brexit Update – What Does This Mean for Data Privacy?
Since our last update , the UK government held a general election that paved the way for the Brexit Withdrawal Agreement to finally be signed meaning the UK officially leaves the EU today, 31 January 2020.
The U.S. Federal Trade Commission Articulates a Strengthened Approach to Data Security Orders
In a January 6, 2020 blog post, Director of the Federal Trade Commission (“FTC”) Bureau of Consumer Protection, Andrew Smith, outlined the agency’s evolving approach toward data security enforcement, as evidenced by seven data security orders issued in 2019.
Has the Advocate General Just Given Many Businesses an Early Christmas Present?
In a press release issued this morning, Advocate General Saugmandsgaard Øe, has confirmed that, in his opinion, the Court of Justice of the European Union (“Court of Justice”) should declare the Commission Decision (2010/87/EU) on standard contractual clauses (“SCCs”) for the transfer of personal data to processors established in third countries as valid.
CCPA Text Integrating Newly Passed Amendments
As discussed in our previous blog post, the California Legislature recently passed a series of amendments to the CCPA.
The Right to be Forgotten Held to Apply Only to Europe in Landmark European Court of Justice Decision
In a decision published earlier this week, the European Court of Justice (the “ECJ”) held that the geographic scope of the European privacy right referred to as “the right to be forgotten” need only extend across European Union (“EU”) member states.
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.
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