Privacy and Data Security Client Alert | April 2019

Shook, Hardy & Bacon L.L.P.

Hotel Chain Pays $12 Million to Resolve Privacy Violations

Motel 6 settled claims with the Washington State Attorney General for $12 million to resolve charges that Motel 6 violated the Consumer Protection Act and the Washington Law Against Discrimination. The lawsuit stems from a January 2018 lawsuit filed by Attorney General Bob Ferguson alleging that Motel 6 provided guests’ private information to U.S. Immigration and Customs Enforcement without a warrant over a period of two years. The consent decree explicitly forbids Motel 6 from giving out guest information without a warrant or other lawful basis at every Motel 6 location in the United States. Specifically, the consent decree requires Motel 6 to properly train employees on how to handle and protect the personal information of guests. Motel 6 also agreed to seek approval of any policy or procedure from the Attorney General’s Office as well as provide compliance records and reports to the Office for the next three years. 

Read the press release and consent decree >>


Supreme Court Questions Standing in Privacy Cases

In an 8-1 decision, the U.S. Supreme Court ruled that Google could not move forward with its proposed $8.5 million settlement of a class action due to remaining questions regarding standing. The lawsuit stems from Google’s practice allowing third-party websites to access users’ search terms that could be used to identify users without their permission. After the Supreme Court initially accepted and decided the case, the Court expressed concern about the issue of standing and remanded the case for the lower courts to address the standing issues.

Read the opinion >>


France Sets Boundaries for Biometric Information Use

The French data protection authority, CNIL, adopted regulations regarding the use of biometric information in the workplace. The “Model Workplace Biometrics Regulation” requires companies to set up a “biometric access control system” to comply with the new rule. Among the requirements, organizations must “justify the use of biometrics, by specific considerations (context, issues, specific technical and regulatory constraints, etc.) that are particularly detailed for the types of biometrics presenting the highest risk.” Companies must also implement “rigorous specifications” with regard to “technical security measures” and “document the various choices made when setting up biometric devices.”

Read the press release >>


Puerto Rico Drafts Digital Privacy Protection Law

The Puerto Rico Senate is considering a draft Law for the Protection of Digital Privacy that would provide consumers with the right to know what personal information is being collected and with whom it is being shared. The law would give consumers the right to opt out of the transfer, sale and sharing of personal information; would create a right of access, right to erasure and right to correct inaccurate or incomplete information; and would create a private right of action entitling the individual to seek $5,000 per violation.

The draft law would apply to any business that: 

(1) collects personal information of Puerto Rico residents; 

(2) determines the purposes and means of processing personal information; and 

(3)   (a) has a gross annual income exceeding $10 million; 

(b) annually purchases, receives, sells or shares the personal information of 10,000 or more consumers for commercial purposes; or 

(c) derives 20 percent or more of their annual income from the sale of consumers' personal information.

Read the draft bill >>


New Jersey Legislature Addresses Privacy Issues with Trio of Bills

The New Jersey General Assembly has passed a bill, SB 52, to amend the current breach notification law to require the disclosure of online account breaches. Specifically, provisions of the bill include adding “user name, email address, or any other account holder identifying information that, in combination with any password or security question and answer, would permit access to an online account” to the definition of personal information. The bill is awaiting the governor’s signature.

Another bill, AB 4902, has been introduced in the state’s Assembly Appropriations Committee. The bill “requires commercial Internet websites and online services to notify customers of collection and disclosure of personally identifiable information and allows customers to opt out.” It also requires “an operator that collects the personally identifiable information of a customer to clearly and conspicuously post on its Internet website or online service homepage a link, entitled ‘Do Not Sell My Personal Information,’ to an Internet webpage maintained by the operator, which enables a customer to opt out of the disclosure of the customer's personally identifiable information.” Furthermore, the bill “requires commercial Internet website and online service operators to notify customers of the collection and disclosure of personally identifiable information to third parties.”

Lastly, AB 4974, which “requires operators of mobile device applications that collect user GPS data to notify users about how GPS data is disclosed and allow users to opt in to disclosure,” has been reported out of Assembly Committee and will move forward in committees. In particular, the notification to a user must include, but is not limited to: 1) a complete description of the user GPS data that the operator collects through the mobile device application; 2) all third parties to which the operator may disclose user GPS data; and 3) the length of time the operator retains user GPS data.


Washington State Privacy Act Faces Significant Changes

After handily passing the Senate, the Washington Privacy Act is now facing some important changes by the Senate’s counterparts in the House. The proposed amendments include: (1) the potential for a consumer to bring an action against a controller if the state Attorney General refrains from acting on a consumer’s written notice identifying allegations within 30 days; and (2) adding “publicly available information” to the definition of “personal data.” Exemptions to the processing obligations added via amendment include “processing that is necessary for reasons of public health interest,” “processing that is necessary for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes,” and the safeguarding of intellectual property rights. The House version would apply to legal entities that “conduct business in Washington or produce products or services that are intentionally targeted to residents of Washington.” The House Committee on Innovation, Technology & Economic Development passed the amended bill on April 3, 2019, and it now moves to the House Appropriations Committee.

Read the draft bill >>


Connecticut Becomes the Latest State to Consider the CCPA

The Connecticut legislature has introduced RB 1108, “An Act Concerning Consumer Privacy,” which features language that essentially mirrors the original version of the California Consumer Privacy Act (CCPA). However, the bill does not incorporate any of the significant amendments made to the CCPA throughout the legislative process. Interestingly, the proposed legislation was introduced by the Joint Committee on Government Administration and Elections and has no individual sponsors. While the momentum of the bill is unclear, given the potential burden on businesses in Connecticut based on the significance of the CCPA on California businesses, this proposal is something to keep any eye on.  

Read the draft bill >>


Pair of Texas Privacy Measures Move Forward

Two privacy bills have been introduced in the Texas House of Representatives. The Texas Consumer Privacy Act, HB 4390, echoes some of the same provisions of the CCPA, including the right of disclosure, the right to deletion, the right to know if certain personal information is being sold or disclosed, and the right to opt out of personal information being sold or disclosed by a business. Among other provisions, the Texas Consumer Privacy Act defines “personal information” broadly as “information that identifies, relates to, describes, can be associated with, or can reasonably be linked to, directly or indirectly, a particular consumer or household.” While the bill does not provide a private right of action, civil violations would range from $2,500 to $7,500 based on willfulness of the violator. If passed, the bill would take effect on September 1, 2020.  

The Texas Privacy Protection Act, HB 4518, states that “a business shall develop, implement, and maintain a comprehensive data security program” as well as an “accountability program” that must include an annual assessment of privacy policies and procedures and the development of methods and procedures for responding to data breaches, among other obligations. Similar to its counterpart, the bill would not create a private cause of action. Civil offenses will not exceed $10,000 per offense and will not exceed a total of $1 million. Both bills are currently in committee.


New Zealand Focuses On Reducing “Notification Fatigue”

The New Zealand Parliament introduced an amendment to New Zealand’s breach notification law that would raise the threshold for mandatory breach notifications. The bill proposes that individuals must be notified when “serious harm” is caused as opposed to the current standard of “harm.” The factors used to determine what constitutes “serious harm” include: “the actions a holder of data has taken to reduce the harm; the sensitivity of the information; the nature of the harm; those to whom the information might be disclosed; and whether the information is protected by security measures.” The bill, intended to address breach notification fatigue, still has a long road ahead before being signed by the Governor-General, but the proposal shows a significant policy shift by not requiring notifications in the event of minor data breaches.

Read the draft bill >>


Department of Commerce Issues Updated Privacy Shield Guidance

The Department of Commerce has updated its FAQ to address questions surrounding Brexit’s effect on U.S. businesses complying with the Privacy Shield framework. The FAQ explains two scenarios in which Privacy Shield participants must update their Privacy Shield commitments by an “Applicable Date” depending on how the UK and the EU implement the withdrawal. The first scenario applies a “transition period,” as agreed upon by the EU and UK, in which Privacy Shield participants can continue to receive personal data from the UK under the Privacy Shield until December 31, 2020. In the second scenario, there is no transition period and participants have until the date of the UK’s withdrawal from the European Union. In either case, after the Applicable Date, U.S. companies need to be aware of their obligations in order to continue receiving personal data from the UK.

Read the FAQs >>

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

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