Although the bill to amend the California Consumer Privacy Act (CCPA) to extend the so-called “B-to-B” and “employee” exceptions for one more year has garnered many headlines, the California legislature passed a second CCPA amendment (AB 713) that
2020
Schrems II: recent developments – waiting is harder
In the immediate aftermath of the Schrems II judgement, Bruno Gencarelli (Head of the International data flows and protection unit at the European Commission) said that “Schrems II is data transfers from theory to practice”. There have been several…
Algorithmic Decision-making and the UK ICO’s Guidance on AI
Algorithmic decision-making has been in the news of late. From Ofqual’s downgrading of students’ A-level results[1] to the complaint lodged by None of Your Business’ against the credit rating agency CRIF for failing (amongst other things) to be transparent…
Key takeaways for the private sector from The Bridges v South Wales police facial recognition case
On 11 August 2020, the Court of Appeal (CA) handed down its judgement in the case of R (on the application of Edward BRIDGES) v The Chief Constable of South Wales Police. The court found that the…
An “enhanced” Privacy Shield is being negotiated – third time a charm?
On 10 August, the European Commission and the US Department of Commerce confirmed that talks have begun between the EU and US for an “enhanced” Privacy Shield.
This will be the third attempt to revise this framework, following the invalidation…
Schrems II landmark ruling: our recommendations
On 16 July 2020, the Court of Justice of the European Union (CJEU) published its decision in the landmark case Data Protection Commissioner v Facebook Ireland Ltd, Maximilian Schrems and intervening parties, Case C-311/18 (known as the Schrems …
Schrems II: The US Perspective and where do we go from here?
Schrems II calls into question all transfers of personal information out of the EU that involve export to a country without an adequacy finding. While this affects countries in every region of the world, it does have particular ramifications for…
Schrems II landmark ruling: Privacy Shield is invalid, Standard Contractual Clauses are valid but court puts obligations on parties and authorities
The Court of Justice of the European Union (CJEU) has today published its decision in the landmark case, known as Schrems II. While Privacy Shield has been completely invalidated, the Standard Contractual Clauses (SCCs) remain valid, but…
Germany’s Federal Supreme Court provisionally confirms Facebook’s use of personal data is alleged abuse of dominant market position
Facebook’s extensive collection of user-related data must be put on hold in Germany for the time being following a decision of Germany’s Federal Supreme Court on June 23, 2020. In summary proceedings, the Federal Supreme Court overturned an earlier order…
Cell phones, robocalls, and text messages – two pronouncements
On July 6, 2020, the U.S. Supreme Court upheld most of the federal law that prohibits “robocalls” to cell phones but struck down the exception for collection of debts owed to the federal government. (Barr v. American Association of…