Topic: Compliance and risk management

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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 Political Consultants, No. 19–631 (July 6, 2020) (2020 WL 3633780).)  Previously, on June 25, a Bureau of the Federal Communications Commission issued some guidance on what constitutes an “autodialer” (or “automatic telephone dialing system“—“ATDS”) relating to that law’s prohibition on text messages.  (In re Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, P2P Alliance Petition Continue Reading

Schrems II judgement due in July – what this might mean for your outsourcing deal

Data Protection Report - Norton Rose Fulbright

Just when we thought our summers might have been looking a bit dull, it was announced that the Court of Justice of the European Union (CJEU) will be making its final ruling in Case C-311/18, Data Protection Commissioner v Facebook Ireland & Schrems on 16 July 2020.  This judgement concerns the legality of the European Commission approved Standard Contractual Clauses (SCCs) which many organisations rely on to transfer personal data outside of the UK and the European Economic Area (EEA), particularly in relation to outsourcing services.

On 19 December 2019, the Advocate General (… Continue Reading

Selling and utilising personal data in an insolvency situation

Data Protection Report - Norton Rose Fulbright

Many businesses are suffering serious financial difficulties as a result of COVID-19, particularly those in the retail, hospitality and tourism sectors.  For many of these businesses the one asset that will undoubtedly retain value, despite the pandemic, will be their customer database.  This valuable commodity could help attract potential purchasers.

But this is a tricky area to navigate, particularly following the General Data Protection Regulation (GDPR), since both the ICO and the FCA have started to pay more attention to this area.  For example, in February of this year, the FCA and ICO issued a joint statement warning … Continue Reading

How to process employees’ health data in France after lockdown: dos and don’ts for employers

Norton Rose Fulbright - Data Protection Report blog

A few weeks ago, we provided you with a summary of the rights and obligations of employers with regard to the personal data of their employees during lockdown.

On 11 May, many employees will return to their workplaces. Below you will find answers to the main questions you may have ahead as the end of the lockdown approaches.

Could an employer require its employees to use StopCovid or a similar private app and require to see the results?

No.  The CNIL stated in its opinion of 24 April 2020, that the “voluntary” mode of the app implied that no negative … Continue Reading

StopCovid: the French contact-tracing app

Norton Rose Fulbright - Data Protection Report blog

Following the example of many European countries, the French government plans to introduce a contact tracing app, known as “StopCovid”.  The app is designed to be used by people once they leave the confinement of their homes with the aim of preventing the spread of COVID-19. StopCovid is being developed within the INRIA, the French national research institute for digital sciences and technologies.

This blog post summarises the status of the project and the discussions from legal, political, scientific and technological perspectives.

How will StopCovid work?

For each smartphone on which the app is downloaded, temporary crypto-identifiers will be generated … Continue Reading

Irish data protection authority launches new cookie guidance and indicates cookie investigations are on the horizon

Norton Rose Fulbright - Data Protection Report blog

Last week, the Irish Data Protection Commission (“DPC”) published its much anticipated guidance note on cookies and similar tracking technologies (the “Guidance”).  It also published a report following a “cookie sweep” that took place between August 2019 and December 2019 of 38 data controllers (the “Report”).  The cookie sweep requested information from the data controllers and examined the deployment of cookies on their websites to understand how and whether they were complying with the cookie rules. It is clear the Report significantly influenced the Guidance and, as such, the Report provides an indication of … Continue Reading

Obtaining and sharing employee health status information in a pandemic

Norton Rose Fulbright - Data Protection Report blog

Employers across the world are facing extremely difficult challenges in keeping their workplaces safe for their employees, contractors and visitors during the COVID-19 pandemic.

Although the prevailing instinct is likely to be to protect and to prevent the spread of the virus at all costs, under data protection laws this still needs to be weighed against the privacy rights of employees. Depending on where their employees are located, employers may have to favor privacy over virus detection. This blog sets out a few of the key issues and a snapshot of how they are dealt with across five European jurisdictions … Continue Reading

NYDFS Requires COVID-19 Plans by April 9

Norton Rose Fulbright - Data Protection Report blog

On March 10, 2020, the New York Department of Financial Services (NYDFS) issued guidance to all of its regulated institutions engaged in virtual currency business activity, requiring them to have plans for preparedness to manage the possible operational and financial risks posed by the COVID-19 pandemic. NYDFS requires the plans to be submitted by Thursday, April 9, 2020.… Continue Reading

Personal data protection in the time of coronavirus (Covid-19)

Norton Rose Fulbright - Data Protection Report blog

Outbreak of the coronavirus and personal data privacy

The fast-spreading coronavirus (Covid-19) has infected thousands of people in China and in over 20 other countries. This coronavirus outbreak, originating in Wuhan, a large city located in the central region of China, has been declared a Public Health Emergency of International Concern (PHEIC) by the World Health Organization.… Continue Reading

Application by Privacy Commissioner To Shed Light on Judicial Enforcement of PIPEDA

Data Protection Report - Norton Rose Fulbright

Recent legal action by the Office of the Privacy Commissioner of Canada (OPC) will shed light on the Federal Court’s willingness to enforce and monitor compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA). On February 6, the OPC filed a notice of application (the Application) in the Federal Court seeking a declaration that Facebook has contravened PIPEDA and various orders that would compel Facebook to bring itself into compliance. [1] Organizations governed by PIPEDA should keep a close eye on the Court’s inquiry as well as any eventual order enforcing compliance with the Act.… Continue Reading

The CNIL releases draft practical guidance on cookies consent

Data Protection Report - Norton Rose Fulbright

The CNIL has published draft recommendations on how to obtain consent when placing cookies. This is following the publication of its revised “Guidelines on the implementation of cookies or similar tracking technologies” which was published in July 2019 (see our article here).

The objective of the recommendations is to provide stakeholders with practical guidance and illustrative examples. These recommendations are neither exhaustive nor binding and data controllers are free to consider other practical measures as long as they comply with the revised rules as provided by the CNIL in July 2019. The CNIL also provides a number of “good … Continue Reading

Changes to Hong Kong’s data protection law discussed by government panel

Data Protection Report - Norton Rose Fulbright

The discussion paper on the proposed changes to Hong Kong’s Personal Data (Privacy) Ordinance (Cap.486) (the PDPO) was debated by the  Legislative Council’s Panel on Constitutional Affairs’ (the Panel) on 20 January. The proposals set out in LC Paper. No. CB(2) 512/19-20(03) (the Paper) are summarised in our earlier post.Continue Reading

The Privacy Officers’ New Year’s Resolutions

Data Protection Report - Norton Rose Fulbright

1. Brace yourself (for export turbulence)

2020 could well be a year of data export turmoil – so brace yourself.

The Court of Justice of the European Union (CJEU) will determine the validity of the EU Standard Contractual Clauses (SCCs) (Data Protection Commissioner v Facebook Ireland Limited, Maximillan Schrems) whilst the General Court of the EU will consider the future of Privacy Shield (La Quadrature du Net v Commission).

The Advocate General (AG) delivered his non-binding opinion on the SCCs just before Christmas (see our blog post).  Although the AG’s view was that the SCCs are valid, … Continue Reading

Schrems II: AG deems SCCs valid but comes up with difficult new obligations and expresses “doubts” over privacy shield

What has happened?

Yesterday, the Advocate General (“AG”) concluded that, in his opinion, the EU Standard Contractual Clauses (“SCCs”) are a valid mechanism to transfer personal data outside of the European Economic Area (“EEA”). However, the AG suggested new obligations for those using SCCs. They need to examine the national security laws of the country of the data importer to determine whether they can in fact comply with the terms of SCCs.… Continue Reading

Mic Drop: California AG releases long-awaited CCPA Rulemaking

Data Protection Report - digital privacy, CCPA and cybersecurity

On October 10, 2019, with just weeks to go until the law goes into effect, the California Attorney General released the long-awaited draft regulations for the California Consumer Privacy Act (CCPA).

The proposed rules shed light on how the California AG is interpreting and will be enforcing key sections of the CCPA.  In the press release announcing the proposed regulations, Attorney General Becerra described CCPA as “[providing] consumers with  groundbreaking new rights on the use of their personal information” and added, “It’s time we had control over the use of our personal data.”… Continue Reading

New York’s Breach Law Amendments and New Security Requirements

Although California has recently captured the lion’s share of attention with respect to privacy and security, on October 23, 2019, New York’s amended security breach law goes into effect, and on March 1, 2020, new security safeguards go live (N.Y. S.B. 5575). Anyone with personal information about a New York resident is potentially affected by these far-reaching amendments.

Breach Law Changes

Readers may recall that New York’s security breach notification law (N.Y. Gen. Bus. Law § 899-aa) differs from most states’ law in several ways including (1) using separate definitions of “personal information” and “private information;” and (2) providing factors … Continue Reading

Office of Privacy Commissioner Says It’s Status Quo on Consent Requirements for Data Processing Transfers

On September 23, the Office of the Privacy Commissioner of Canada (OPC) announced, following consultation with stakeholders, that it will maintain the position set out in its 2009 guidelines that an organization’s transfer of personal information to a third party for processing, including a transfer across the Canadian border, is a “use” of that personal information, and not a disclosure that requires separate consent.

This announcement brings at least temporary clarity to an issue that resulted in a tumultuous summer for organizations and the OPC alike as everyone grappled with the potential consequences of the OPC’s June … Continue Reading

And then there were five: CCPA amendments pass legislature

Norton Rose Fulbright - Data Protection Report blog

Executive Summary

The wait is over:  Only five CCPA amendments made it through the California legislature.  The amendments are limited in scope, which means the CCPA will go into effect, largely intact, on January 1, 2020.

The California legislative session for 2019 ended on September 13 and the following five amendments to the California Consumer Privacy Act (CCPA) were passed: AB 25, 874, 1146, 1355, and 1564. They now move to the Governor’s desk, where he has 30 days to sign or veto them.… Continue Reading

Deadline extended for compulsory registration on Data Controller registry

Norton Rose Fulbright - Data Protection Report blog

Obligations

We previously reported that Turkey’s data protection legislation (TDPL) requires data controllers to notify the Turkish DPA of their processing activities. Unless exempt from the requirement, all data controllers (individuals and legal entities) who process personal data in Turkey must be registered with the Turkish DPA’s Register of Data Controllers Information System (VERBİS), prior to processing any personal data.

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CCPA: “Wait and see” is not the right approach

Data Protection Report - Norton Rose Fulbright

We are seeing companies use many different approaches to the California Consumer Privacy Act (“CCPA”) compliance, but the “wait and see” approach in particular is not advisable.

Companies who want to “wait and see” point to the pending amendments to CCPA that are currently working through the California Senate (as we have previously described—see links below). Others point to the California Attorney General regulations that will be released in draft form in the next few months, which should provide some guidance to implementing CCPA.

Those statements are indeed accurate, as far as they go. However, they neglect the fact that … Continue Reading

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