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Right to Be Forgotten

Womble Bond Dickinson

Right To Hide The Truth: How Much Should Be Deleted?

Womble Bond Dickinson on

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

Knobbe Martens

Under U.S. Law, Freedom of Speech Trumps any Right to be Forgotten

Knobbe Martens on

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

BCLP

Are the verification requirements for access and deletion requests the same under the CCPA as they are under the GDPR?

BCLP on

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

BCLP

Is a business required to delete only 12 months of consumer information in response to a request to be forgotten?

BCLP on

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

BCLP

When honoring a right to be forgotten request, does a business have to delete information from its backup systems?

BCLP on

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

BCLP

If a business receives a right to be forgotten request from an employee, or a former employee, does it have to delete the...

BCLP on

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

BCLP

Can an employee make a right to be forgotten request in relation to their employer’s use of their image in a picture, or video?

BCLP on

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

BCLP

Can a company charge a fee for responding to a right to be forgotten request?

BCLP on

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

BCLP

California Consumer Privacy Act Practical Guide - February 2020

BCLP on

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

White & Case LLP

Do Turkish Companies Have to Comply With the California Consumer Privacy Act (“CCPA”)?

White & Case LLP on

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

Wilson Sonsini Goodrich & Rosati

Schrems 2.0: AG Opines That Data Transfers to U.S. Are Valid Under Standard Contractual Clauses

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

BCLP

If a company receives a right to be forgotten request, does it have to delete a data subject’s information from its...

BCLP on

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

BCLP

If a company receives a ‘right to be forgotten’ request, is the company prevented from collecting information about the consumer...

BCLP on

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

Best Best & Krieger LLP

GDPR Compliance

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

Society of Corporate Compliance and Ethics...

European Court of Justice rules on right to be forgotten

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

BCLP

CCPA Privacy and Security FAQs: If a company receives a right to be forgotten request, does it have to delete the requestor’s IP...

BCLP on

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

Goodwin

European Court of Justice Limits the "Right to be Forgotten" in Landmark Privacy Decision

Goodwin on

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

Brooks Pierce

What North Carolina Businesses Need to Know About the California Consumer Privacy Act

Brooks Pierce on

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

Troutman Pepper

The European Court of Justice Issues Two Important Decisions Clarifying the Scope of the Right to Be Forgotten and ISPs' Liability

Troutman Pepper on

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

Akin Gump Strauss Hauer & Feld LLP

Court of Justice of the EU Places Limits on the Territorial Scope of the “Right to be Forgotten”

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

BCLP

CCPA Privacy FAQs: What rights does a consumer have in relation to a loyalty program?

BCLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2019

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

Foley & Lardner LLP

GDPR Court Ruling: Google gets big victory in EU “right to be forgotten”!

Foley & Lardner LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

Data Right to Be Forgotten Limited by Europe’s Top Court

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

Dorsey & Whitney LLP

Google Wins At The Top EU Court: Privacy Can Be a Question of Geography

Dorsey & Whitney LLP on

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

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