Is more information always better? If someone wants to limit the use of information, and others want to expose, discuss or publicize it, who wins?...more
While the “right to be forgotten” is part of European law, it is at odds with U.S. precedent. See, e.g., Garcia v. Google, Inc., 786 F.3d 733, 745–46 (9th Cir. 2015). A Georgia law allowing the father of a deceased rape...more
No. Both the CCPA and the GDPR provide individuals with a right to request access to their personal information and a right to request the deletion of their personal information. As a result, businesses that field rights...more
No. Unlike a request for access, a business’s deletion obligation extends to all data held by the business regarding a consumer, unless an exception applies, irrespective of when that data was collected, generated or...more
Not immediately, but yes. The CCPA does not distinguish or make allowances for backup and other less accessible systems when determining the scope of a business’s obligation to delete the personal information of a consumer...more
Not necessarily. As an initial matter, employees that are residents of California will not qualify as full “consumers” under the law until January 1, 2021....more
Possibly. It is a common practice for employers to ask employees if they would like to be included in a picture or a video, either for product advertisement or internal training. Typically, when this occurs, the employer...more
Likely no. Neither the CCPA nor the proposed regulations explicitly address the issue of imposing fees or costs on consumers for responding to requests for access or requests for deletion. However, the CCPA does prohibit...more
As one of the oldest and most recognized data privacy and security practices, we have had the honor of helping dozens of companies set up and evolve their data privacy programs over the past decade. That experience has given...more
Your business complies with the General Data Protection Regulation ("GDPR") and/or Turkish Personal Data Protection Law numbered 6698 and its secondary legislation ("PDPL"); but does it comply with the California Consumer...more
On December 19, 2019, in the Facebook Ireland and Schrems (Schrems 2.0) case, the Advocate General (AG) to the European Court of Justice (ECJ)—European Union's highest court—opined that the EU Standard Contractual Clauses...more
No. Although the GDPR indicates that people have a “right to be forgotten,” that right is not absolute. Rather, it exists only where one of the following six limited situations applies...more
No. The CCPA grants to consumers “the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.” Nothing within the CCPA prohibits a business from...more
BB&K's Christina Morgan Talks About Data Privacy in Riverside Lawyer Magazine - Due to rising concerns about privacy in the digital world, in April 2016, the European Union adopted the General Data Protection Regulation...more
Report on Supply Chain Compliance 2, no. 20 (Oct. 24, 2019) - The right to be forgotten is a statutory right under the GDPR, and since the implementation of that regulation in May 2018, there have been several requests for...more
Probably not. The term “personal information” is defined by the CCPA as “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with...more
The European Court of Justice recently limited the “right to be forgotten” in a landmark decision for online privacy law. The decision arises from a dispute between Commission nationale de l'informatique et des libertés...more
Consumer privacy laws enacted on the other side of the country could have big implications for businesses here in North Carolina. On January 1, 2020, the California Consumer Privacy Act (CCPA) will take effect. This is a...more
We routinely hear from United States citizens who want advice on how to remove photographs, newspaper articles, videos or personal information about themselves from the internet. Originally published by the European...more
On September 24, 2019, the highest court of the European Union (EU), the Court of Justice of the EU (CJEU), attempted to limit the territorial scope and authority of EU data protection authorities in its recent decision...more
Loyalty programs are structured in a variety of different ways. Some programs track dollars spent by consumers, others track products purchased. Some programs are free to participate in, others require consumers to purchase...more
In this month's edition of our Privacy & Cybersecurity Update, we examine five amendments to the California Consumer Privacy Act, the EU Court of Justice's rulings on the "Right to Be Forgotten" and what qualifies as a joint...more
The Washington Post reported that European Court of Justice issued a ruling which may influence courts around the world about the enforceability of GDPR by stating that “Google does not have to remove links to people’s...more
Google scores win to reverse order from French privacy regulator CNIL that Google apply the “right to erasure” globally. The EU’s top court has ruled that Google does not have to de-reference data viewable outside the...more
Earlier this week, the Court of Justice of the European Union, perhaps for the first time, drew a territorial limitation to the requirements imposed under the General Data Protection Regulation (‘GDPR’). The court held that...more