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PH Privacy

Brexit Update – What Does This Mean for Data Privacy?
Since our last update on the effects of Brexit on data privacy, we have seen an immense flurry of activity and controversy around Brexit.
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.
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.
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.
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