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Don’t Expect to Easily Claim ‘Disproportionate’ Effort When Responding to US Data Access Requests

U.S. companies thinking about falling back on “disproportionate” effort for access requests under the new U.S. privacy laws because they require compiling too many documents should think again. The Berlin Administrative...more

European Parliament Says No to Personal Data Transfers With US Under Current Rules

The European Parliament has voted against a U.S. adequacy decision under the proposed EU-U.S. Data Privacy Framework. Why? •Bulk collection: The framework still allows for bulk collection of personal data in certain cases...more

US Privacy Laws and Legislation: What You Need to Know

“The times they are a-changin’,” Bob Dylan sang almost 60 years ago. And when it comes to consumers’ reasonable expectations of privacy, they are still a-changin. I recently participated in a panel hosted by Usercentrics...more

Data Protection Professionals Like it Hot: 7 Hot Topics and Trends in Data Privacy Today

Please take note! 1.SchremsII and cross border transfers: Risk based, wherefore art thou? With the Google Analytics, Google Fonts, Amazon AWS, Google Workspace other cases, the SchremsII and DPA guidance is piling up....more

FTC Launches Detailed Notice of Proposed Rulemaking on Commercial surveillance, Data Security

The FTC launched a detailed notice of proposed rulemaking on August 11, 2022 regarding commercial surveillance and data security. The commission also released a fact sheet on commercial surveillance....more

The Commerce and Energy Committee’s ADPPA Amendment is Out.

The proposed American Data Privacy and Protection Act is getting a facelift. Here are some key changes: Disclosure and consent: •Disclosure for getting affirmative consent can be procured either through the primary...more

Pain and Suffering for a Data Breach? German Court Issues First Decision of Its Kind in Europe.

A German Court has ordered pain and suffering damages as a result of a data breach, the first decision of its kind in Europe. According to the judgment, Scalable Capital has to pay the plaintiff, represented by consumer...more

What is the Online Privacy Act of 2021?

U.S. Congresswomen Anna Eshoo (D-California) and Zoe Lofgren (D-California) have reintroduced House Resolution 6027 for the Online Privacy Act of 2021. Some of the bill’s key differentiators from CCPA, CDPA and CPA:...more

Restaurant Technology Network Town Hall: Key Takeaways When it Comes to Privacy

I had the pleasure of speaking during the Restaurant Technology Network Town Hall about a variety of privacy issues confronting restaurants and food delivery apps, including CCPA, CPRA, CDPA and CPA...more

Cookies Are a Thing And Other Stuff You Need to Know About Data Security

While presenting this week at the DRI Cybersecurity and Data Privacy Virtual Seminar, I outlined many of the issues currently impacting data security around the world. Here are some key points:.....more

The ‘Morning After’ Third Party Cookies

The development of alternative techniques to “third-party” cookies cannot be done at the expense of the right of individuals to protect their personal data and privacy, according to France’s Commission Nationale de...more

Click Here to Consent? It’s Not That Simple to Satisfy GDPR.

Datatilsynet Denmark has issued serious criticism — and an injunction — to bring dating app Dating.dk’s data processing into compliance before November 16, 2021. The group says the app failed to acquire user consent in a...more

The (Internet) Cookies Continue To Crumble

The UK’s Information Commissioner’s Office (ICO) is taking on cookie banners. The office will call on fellow G7 data protection and privacy authorities to work together to overhaul cookie consent pop-ups in favor of...more

FTC: Corporate Boards Have Important Role In Data Security

“Contrary to popular belief, data security begins with the Board of Directors, not the IT Department. A corporate board that prioritizes data security can set the tone throughout an organization by instilling a culture of...more

FTC: You Are Only As Good As Your Weakest Service Provider

The Federal Trade Commission (FTC) recently entered into an enforcement action with an analytics company for breaching the FTC's Safeguards Rule issued pursuant to the Gramm-Leach-Bliley Act (GLBA) by failing to properly vet...more

New Data Privacy Legislation Introduced In West, Mountain States

North Dakota, Utah, Washington State. .. all three have recently introduced new pieces of data privacy legislation. UTAH- Utah State Rep. Walt Brooks, has introduced House Bill 80, which creates an “affirmative defense”...more

White House Issues Guidance On Regulating AI Applications: Transparency, Security, Confidentiality

The White House recently issued guidance to government agencies for the regulation of artificial intelligence applications. Key data protection takeaways: •Transparency is essential. Disclosures should be written in a format...more

Canada Introduces Legislation To Enact New Data Privacy Act

The Consumer Privacy Protection Act (CPPA) is coming! The Canadian government has submitted a bill for the amendment of the Personal Information Protection and Electronic Documents Act (PIPEDA) and the enactment of a new,...more

Helpful Advice On Videoconference Data Security From Gibraltar

The Gibraltar Regulatory Authority has issued helpful guidance on data protection considerations for the use of video conferencing applications (VCAs). Key recommendations: 1.Consider the implications of VCAs and their...more

U.S. Consumer Financial Protection Bureau Seeks Input On Consumer Access To Financial Records

The U.S. Consumer Financial Protection Bureau (CFPB) is issuing an Advanced Notice of Proposed Rulemaking to solicit comments and information that will assist the development of proposed regulations under Section 1033 of the...more

Irish Data Commissioner Discusses Schrems II, Enforcement And Consent

“I worry that we are caught in a DPA (Data Protection Authority) beauty contest of who issues the bigger fine,” said Ireland Data Protection Commissioner Helen Dixon in her keynote for Daniel Solove’s Privacy+Security Academy...more

Massachusetts Attorney General Launches New Data Privacy And Security Division

Massachusetts Attorney General Maura Healey announced the creation of the Data Privacy and Security Division within her office to protect consumers from the surge of threats to the privacy and security of their data in an...more

Federal Legislation Would Tell Private Companies ‘No Consent, No Biometrics’

Senators Jeff Merkley (D-Oregon) and Bernie Sanders (I-Vermont) introduced the “National Biometric Information Privacy Act of 2020,” a bill that would prohibit private companies from collecting or profiting from biometric...more

New Zealand Issues Helpful Cybersecurity Incident Management Guide

New Zealand’s Government Cyber Security Centre has issued a guide on incident response, laying out key steps designed to help business leaders and cybersecurity professionals strengthen their organizations’ ability to manage...more

UK Privacy Regulator Issues Data Privacy Guidance For The ‘New Normal’...

As lockdown restrictions ease and businesses begin to reopen, the UK Information Commissioner's Office (ICO) has set out the key steps organizations need to consider around the use of personal information. They are:...more

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