Consent Privacy Policy

News & Analysis as of

What Can We Expect From The EU General Data Protection Regulation?

After over three years of discussions at many levels, it is now clear that the proposed EU data protection framework will be revised, and that it will be in the form of a Regulation – the General Data Protection Regulation....more

Tagging Trouble: Forays into the Regulation of Biometric Data

We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

ECJ Invalidates Safe Harbor: Background Screeners Should Re-Evaluate Their Basis for EU-US Data Transfers

Since 2000, the EU-US Safe Harbor program has been one means by which eligible US companies could transfer personal data from the European Union (EU) to the United States in accordance with EU law regulating transfers of...more

EU Court Rejects “Safe Harbor” Agreement Permitting Customer Data Transfers to U.S.

The European Court of Justice (ECJ) has struck down the 15-year-old “Safe Harbor” agreement that permitted companies operating in Europe to transmit personal user data to the United States, as long as the U.S. ensures an...more

European Court of Justice Invalidates Safe Harbor Adequacy Finding: Organizations Should Re-evaluate Their Basis for EU-US Data...

On October 6th, the European Court of Justice (ECJ) issued its opinion in Schrems v. Data Protection Commissioner (C-362/14), a case which, among other things, challenged the validity of the European Commission’s 2000 finding...more

California Attorney General Settlement Requires Hiring of Privacy Officer: Businesses with Web Presences Subject to Increasing...

On Friday, Oct. 2, home design and renovation company, Houzz, Inc., reached a settlement with the Office of California Attorney General Kamala Harris over allegations that Houzz had recorded customer and employee...more

New Guidelines on Online Profiling

The Italian Data Protection Authority (Garante per la protezione dei dati personali, the “DPA”) just issued new Guidelines on online profiling aimed at further clarifying the privacy-related obligations for internet service...more

NJ Connected Car law changes the landscape of IoT

The recent approval by New Jersey of a law on the ownership of data generated by connected cars might have an impact on the future of the Internet of Things (IoT) providing an interesting approach also for European privacy...more

New rules on mobile payments!

Time is up for companies operating in the mobile payments’ arena, as from April 1, 2015 the new set of rules issued by the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA”)...more

Illinois Supreme Court Strikes Down Eavesdropping Statute as Overly Broad

The Illinois Supreme Court recently issued two opinions that together invalidated Illinois’ eavesdropping statute, 720 ILCS 5/14-2. The statute, which is part of the Illinois Criminal Code, prohibits a person from “knowingly...more

Colombia Adopts Regulations to Implement its Data Protection Laws

With the advent of new rules regulating the protection of personal data, companies with operations in Colombia must implement policies and practices to comply with Colombia’s privacy law. In October 2012, Colombia enacted...more

Why Do I Have To Agree To Your Privacy Notice? And Other Curiosities

There are a number of curious features to the Privacy Notice splash page for Canada’s new online tool for making access to information (ATIP) requests....more

General, Overbroad “Agreement” Does Not Permit Reference Check On Disabled Child

On February 22, 2013, the Office of the Privacy Commissioner of Canada (OPC) released a summary of findings in two cases arising out of inappropriate sharing of information between two summer camps about a child following an...more

The FTC and California’s Attorney General Recommend Detailed New Privacy Practices and Disclosures for Entities Operating in the...

The Federal Trade Commission (FTC) and California Attorney General’s office each recently issued detailed guidance for providers of mobile platforms, apps, ad networks, and their trade associations....more

FTC Releases Guidance on Mobile Privacy Best Practices; Enters Into $800K Consent Order with Path

The FTC guidance released February 1 is Mobile Privacy Disclosures: Building Trust Through Transparency: A Federal Trade Commission Staff Report. In Mobile Privacy Disclosures, the FTC as the primary federal regulator on...more

FTC Updates To Online Privacy Acts, COPPA And VPPA

The Children's Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of commercial...more

FTC Revamps COPPA Rule

Two and a half years after initiating a review of the Children’s Online Privacy Protection Rule (the “Rule”), the Federal Trade Commission (FTC) announced on December 19, 2012 that the Rule will be amended to clarify...more

Privacy in Latin America

Originally published in Privacy & Security Law Report on January 7, 2013. The privacy landscape in Latin America is undergoing significant changes. With the enactment or implementation of laws in Colombia, Costa Rica,...more

The View from London: European Parliament Publishes Proposal for Revised Draft of EU Data Protection Regulation

The European Parliament recently published a report on the European Commission’s draft of a new EU Data Protection Regulation. The report, which includes the European Parliament’s proposal for a revised draft of the...more

Obtaining Consent To The Use Of Credit Scores: OPC Provides Guidance

On December 19, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-005 (dated April 27, 2012) regarding obtaining meaningful consent to the use of information provided to credit reporting...more

Instagram Retreats on Privacy Policy Change but Gets Sued Anyway

Photo-sharing app Instagram announced last Thursday, December 20, 2012 that it will withdraw one of its recent changes to the site's privacy policy following a public backlash. The withdrawn language explicitly permitted...more

Doing Business in Canada: Privacy

Changes in the accumulation, storage and use of personal data – whether by government, employers, financial institutions or health care providers – have given rise to new and more serious privacy concerns. Given the recent...more

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