Two new CJEU judgments further tighten limits of government surveillance – significant for impending UK adequacy decision and “Schrems II country assessments”
Posted in Data breach, Data Transfer, Regulatory responseTopic: Regulatory response
Subscribe to Regulatory response RSS feed Posted in Data breach, Data Transfer, Regulatory responseICO provides guidance on calculating monetary penalties
Posted in Enforcement, Regulatory response
On 1 October 2020, the UK Information Commissioner’s Office (ICO) published draft statutory guidance, providing clarity about how it will regulate and enforce data protection legislation in the UK. The guidance, which sits alongside the ICO’s Regulatory Action Policy, covers the ICO’s range of enforcement powers, but of most interest is the section on how … Continue reading
Schrems II: recent developments – waiting is harder
Algorithmic Decision-making and the UK ICO’s Guidance on AI
Posted in General, Regulatory responseSchrems II landmark ruling: Privacy Shield is invalid, Standard Contractual Clauses are valid but court puts obligations on parties and authorities
Posted in Data breach, Enforcement, General, Regulatory responseCell phones, robocalls, and text messages – two pronouncements
Thailand Personal Data Protection Law
Posted in Regulatory response
Background The Personal Data Protection Act B.E. 2562 (2019) (PDPA) was published on 27 May 2019 in Thailand’s Government Gazette and became effective the following day. However, most of the operational provisions, including provisions relating to the rights of a data subject, the obligations of a data controller and the penalties for non-compliance, will become … Continue reading
Application by Privacy Commissioner To Shed Light on Judicial Enforcement of PIPEDA
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 … Continue reading
Changes to Hong Kong’s data protection law discussed by government panel
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
Discussion paper published on Hong Kong’s data protection law
Posted in Regulatory responseTurkish Data Protection Board announces extension of VERBİS registration deadline – once again
Posted in Regulatory responseTurkey’s data protection legislation on data controller registry to impact data controllers outside of Turkey
Posted in Regulatory response
Obligations 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 … Continue reading
FTC to levy unprecedented $US5bn fine against Facebook
Posted in Data breach, Regulatory responseThe Wall Street Journal reported that Federal Trade Commission and Facebook reached a settlement to resolve Facebook’s privacy issues.… Continue reading
ICO’s draft Age Appropriate Design Code could seriously impact processing of under 18’s personal data
Posted in Regulatory response
On 15 April 2019, the ICO opened a public consultation on a draft code of practice titled Age Appropriate Design (the “Code”). The Code will remain open for public consultation until 31 May 2019. The consultation document is described as a “code of practice for online services likely to be accessed by children.” However, its … Continue reading
EDPB issues new opinion on interplay between Clinical Trials Regulation and the GDPR
On January 23, 2019, the European Data Protection Board (“EDPB”) issued an opinion on the interplay between the Clinical Trials Regulation (“CTR”) and the General Data Protection Regulation (“GDPR”).… Continue reading
First multi-million Euro GDPR fine: Google LLC fined €50 million under GDPR for transparency and consent infringements in relation to use of personal data for personalized ads
On January 21,2019 the French data protection authority (the CNIL) imposed a major fine on the U.S. Google entity, Google LLC. It follows two complaints filed as soon as the GDPR came into force by two consumer rights associations, None of Your Business and La Quadrature du Net. We focus here on four key aspects … Continue reading
European Commission adopts adequacy decision on Japan
Posted in Regulatory responseOn January 23rd 2019, the European Commission adopted its adequacy decision in relation to the export of personal data from the European Union (EU) to Japan. Concurrently, Japan has adopted an equivalent decision in relation to the export of personal data from Japan to the EU. Such mutual decision is the result of two-years of … Continue reading
Pennsylvania Supreme Court holds common law duty for employers extends to protecting sensitive employee information
On November 21, 2018, the Pennsylvania Supreme Court broke new ground by holding that employers have a legal duty to take reasonable care to safeguard its employees’ sensitive personal information from cyberattacks. … Continue reading
EDPB clarifies territorial scope of the GDPR
On November 23, 2018, the European Data Protection Board (“EDPB”) issued highly anticipated draft Guidelines (the “Guidelines”) on the territorial scope of the GDPR. See our previous blog posts on the GDPR here and here. The Guidelines provide some clarity around the scope and applicability of the GDPR to data Controllers and Processors both inside … Continue reading
New China Guideline for Internet Personal Information Security Protection
California Consumer Privacy Act blog series: Covered entities
This is the Data Protection Report’s second post in a series of blog posts that will break down the major elements of the CCPA which will culminate in a webinar on the CCPA in October. This blog focuses on covered entities. Stay tuned for additional posts and information about our upcoming webinar on the CCPA. … Continue reading
Overview of Thailand Draft Personal Data Protection Act
Posted in Regulatory response
Data protection laws in Asia continue to be introduced and updated. One of the most recent developments in South East Asia is in Thailand. On 22 May 2018, the Thai Cabinet approved in principle a revised draft of Thailand’s first personal data protection act (Draft Act). This Draft Act is currently under consideration by the … Continue reading
The European Parliament asks for the suspension of the privacy shield
Posted in Regulatory response
On July 5, the European Parliament passed a non-binding resolution, asking the European Commission, the EU’s executive body, to suspend the Privacy Shield framework. The EU-US Privacy Shield, designed by the US Department of Commerce and the European Commission, provides a mechanism for companies to transfer personal data between the EU and the US while … Continue reading
US states pass data protection laws on the heels of the GDPR
Several U.S. states have recently introduced and passed legislation to expand data breach notification rules and to mirror some of the protections provided by Europe’s newly enacted General Data Protection Regulation (“GDPR”). See our previous blog posts on GDPR here and here. Like their European counterparts, these state laws are intended to provide consumers with … Continue reading
