Tag archives: personal data

Mic Drop: California AG releases long-awaited CCPA Rulemaking

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 … Continue reading

Website operators joint controllers with third-party plugin providers

Norton Rose Fulbright - Data Protection Report blogOn 29 July 2019, the European Court of Justice (ECJ) issued its judgement on Case C-40/17 (the “Fashion-ID” case). In its ruling, the ECJ held that operators of websites embedding Facebook’s “Like” button act as data controllers jointly with Facebook in respect of the collection and transmission to Facebook of the personal data of visitors … Continue reading

New CNIL €400,000 fine for data security breaches and non-compliance with data retention period under the GDPR

Data Protection Report - Norton Rose FulbrightFollowing the now famous €50m fine imposed on Google LLC in January 2019,[1] the French Data Protection Authority (the CNIL) published a decision taken on 28 May 2019[2] imposing a fine of €400,000 on SERGIC, a company specialised in real estate development, purchase, sale, rental and property management.… Continue reading

ICO’s draft Age Appropriate Design Code could seriously impact processing of under 18’s personal data

US Supreme Court expands digital privacy rights in Carpenter v. United StatesOn 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

Parenting support club Bounty fined in ‘unprecedented’ data breach

Norton Rose Fulbright - Data Protection Report blogOn 12 April, the Information Commissioners Office (ICO) fined Bounty, a pregnancy and parent support club, £400,000 for illegally sharing personal data belonging to more than 14 million people. As the contravention took place just before the General Data Protection Regulation (GDPR) came into force, the fine was issued under the Data Protection Act 1998 … Continue reading

French court issues decision on legality of Privacy Rules and Terms of Use under data protection and consumer law

Norton Rose Fulbright - Data Protection Report blogFive years after the commencement of legal proceedings against Google by leading French consumer association UFC Que Choisir, the Paris “Tribunal de Grande Instance” (TGI), in a decision dated 12 February 2019, issued its ruling on the legality of the Google+ Terms of Use and Privacy Rules, both with respect to consumer law and personal … 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

Norton Rose Fulbright - Data Protection Report blogOn 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

Pennsylvania Supreme Court holds common law duty for employers extends to protecting sensitive employee information

Data Protection Report - Norton Rose FulbrightOn 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

California Consumer Privacy Act: GDPR-like definition of personal information

Data Protection Report - Norton Rose FulbrightThis is the Data Protection Report’s third blog post in a series of CCPA 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 the CCPA’s broad definition of Personal Information. Stay tuned for additional blogs and information … Continue reading

Overview of Thailand Draft Personal Data Protection Act

Data Protection Report - Norton Rose FulbrightData 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

Ninth Circuit further entrenches circuit split over standing in data breach cases

Norton Rose Fulbright - Data Protection Report blogOn March 8, 2018, the Ninth Circuit issued its highly anticipated decision in In re Zappos.com, Inc., finding that allegations of future risk of identity theft from a data breach are sufficient to confer standing. This decision fuels an ongoing circuit split, pitting the D.C., Sixth, Seventh and now Ninth Circuits against the Second, Fourth, … Continue reading

CJEU Judgement: Dynamic IP Addresses Constitute Personal Data

Data Protection Report - Norton Rose FulbrightOn October 19, 2016, the Court of Justice of the European Union (CJEU) decided that the dynamic IP address of a website visitor is  “personal data” under Directive 95/46EC (Data Protection Directive) in the hands of a website operator that has the means to compel an internet service provider to identify an individual based on the IP … Continue reading

Privacy Shield Update: EU Member States Approve Amended Framework

Data Protection Report - Norton Rose FulbrightOn July 8, 2016, European Member States approved the proposed EU-US Privacy Shield framework, with four Member States – Austria, Bulgaria, Croatia, and Slovenia – reportedly abstaining. Before the framework can be implemented, formal approval by the European Commission is required. Although the European Commission has yet to formally release a copy of the revised … Continue reading

Big data: French and German authorities explore antitrust issues

Data Protection Report - Norton Rose FulbrightOn May 10, 2016, the French and German antitrust authorities published a joint study on competition law and the collection and use of data, particularly so-called big data (the Big Data Study). Data protection as such is outside the scope of EU competition laws, but antitrust authorities have considered the significance of data on a … Continue reading

Details of Privacy Shield published

Data Protection Report - Norton Rose FulbrightOn February 29, 2016, the European Commission published the documents comprising the new EU-U.S. Privacy Shield, the adoption of which we previously covered on our blog. In the Commission’s opinion, the new framework reflects the requirements set forth by the European Court of Justice in the Schrems ruling, which invalidated the U.S.-EU Safe Harbor framework. The … Continue reading

EU-US Privacy Shield scrutinized in Article 29 Working Party initial response

Data Protection Report - Norton Rose FulbrightOn February 3, 2016, the Article 29 Working Party (WP29) released a statement on the consequences of the Schrems judgment, following an assessment of the legal framework and the practices of US intelligence services. The WP29 expressed continuing concerns about the US framework for processing personal data for intelligence purposes, in spite of recent reforms.… Continue reading

EU and US reach agreement on cross-border data transfer framework, but uncertainty remains

Data Protection Report - Norton Rose FulbrightOn February 2, 2016, the European Commission and the United States reached an agreement on a new framework to permit transatlantic transfers of personal data.  The new framework — named “EU-US Privacy Shield”  — is slated to replace the US-EU Safe Harbor framework that was invalidated by the Court of Justice for the European Union.… Continue reading

Russia’s data localization requirements delayed for Facebook, Google and Twitter

Data Protection Report - Norton Rose FulbrightThe Russian data protection authority, Roscomnadzor, has given major U.S. technology companies extra time to comply with the Russian data localization law. The law, which went into effect on September 1, 2015, requires companies to store and process all personal data of Russian citizens using databases located in Russia.  The law imposes a variety of penalties … Continue reading
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