Due to COVID-19, Maine’s attorney general agreed to delay until August 1, 2020 enforcement of the state’s new internet privacy law, “An Act to Protect the Privacy of Online Customer Information” (Act), which officially went...more
Given the significant risk of harm to individuals stemming from data re-identification, it is imperative that the SJC account for data identifiability in determining which information in court records will be made accessible...more
Massachusetts consumers and businesses now know that the Commonwealth will likely not be the next jurisdiction to adopt sweeping consumer data privacy legislation. Earlier last week, the Joint Committee on Consumer Protection...more
2/10/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Online Platforms ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
On October 7, 2019, the Joint Committee on Consumer Protection and Professional Licensure held a hearing on pending legislation, including An Act Relative to Consumer Data Privacy (S.120). Modeled on the California Consumer...more
10/14/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Legislative Agendas ,
Non-Discrimination Rules ,
Pending Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
State and Local Government
Last week, Maine enacted an internet privacy law requiring broadband internet service providers (ISPs) to obtain a customer’s express, affirmative consent before using their personal information, including browsing history....more
6/17/2019
/ Commercial Speech ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
First Amendment ,
Internet Service Providers (ISPs) ,
New Legislation ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Preemption ,
Prior Express Consent ,
Privacy Laws ,
State and Local Government ,
Telecommunications
To predict the Privacy Shield’s future, it’s helpful to recall its origins and to understand the high bar it must meet – namely, ensuring “an adequate level of protection” under the Data Protection Directive.
...more
8/7/2017
/ Court of Justice of the European Union (CJEU) ,
Data Security ,
Edward Snowden ,
EU ,
EU Cybersecurity Directives ,
EU-US Privacy Shield ,
European Commission ,
International Data Transfers ,
National Security Agency (NSA) ,
Personal Data ,
PRISM Program ,
Schrems I & Schrems II ,
US-EU Safe Harbor Framework
It’s been almost one year since the EU-U.S. Privacy Shield (Privacy Shield) came into existence. Its upcoming annual review in September by the European Commission (Commission) and the U.S. Department of Commerce (DOC) – its...more
7/20/2017
/ Department of Transportation (DOT) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Regulatory Oversight ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
With respect to Internet privacy, as a result of recent U.S. government action, Americans now have less protection and are more at risk of government surveillance and potential misuse of their personal information, as...more
Now that the U.S. government has overturned the FCC’s privacy regulations, are courts more likely to step in to protect the Internet privacy rights of individuals?...more
4/20/2017
/ Data Collection ,
ECPA ,
FCC ,
Fourth Amendment ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Personal Data ,
Reasonable Expectation of Privacy ,
Stored Communications Act ,
Warrantless Searches
The U.S. government’s action this week overturning the FCC’s recently passed privacy regulations and stripping the FCC’s authority to implement similar privacy regulations in the future, whether one agrees or disagrees with...more
4/6/2017
/ Data Collection ,
ECPA ,
FCC ,
Fourth Amendment ,
International Data Transfers ,
Internet ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Personal Data ,
Reasonable Expectation of Privacy ,
Stored Communications Act ,
Websites