Tag archives: Privacy

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

Fiona Bundy-Clarke (UK)By Fiona Bundy-Clarke (UK) on Posted in Regulatory response
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

Lara White (UK)By Lara White (UK) on Posted in Enforcement
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

Cécile Auvieux (FR)Nadège Martin (FR)By Cécile Auvieux (FR) and Nadège Martin (FR) on Posted in Dispute resolution and litigation, Enforcement
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

Comments at CCPA public forum in Los Angeles highlight tensions between businesses and consumer rights groups

Jeewon Kim Serrato (US)Arleen Fernandez (US)By Jeewon Kim Serrato (US) and Arleen Fernandez (US) on Posted in Compliance and risk management
Norton Rose Fulbright - Data Protection Report blogOn January 25, 2019, the California Attorney General’s Office held a public forum in Los Angeles to solicit feedback on the California Consumer Privacy Act of 2018 (“CCPA”) as it prepares to draft regulations which must be adopted on or before July 1, 2020.… 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

Marcus Evans (UK)Lara White (UK)Cécile Auvieux (FR)By Marcus Evans (UK), Lara White (UK) and Cécile Auvieux (FR) on Posted in Compliance and risk management, Cybersecurity, Enforcement, Regulatory response
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

Transition period under New York Cybersecurity Regulation ends March 1, 2019

Kathleen Scott (US)Susan Ross (US)Tristan Coughlin* (US)By Kathleen Scott (US), Susan Ross (US) and Tristan Coughlin* (US) on Posted in Compliance and risk management, Cybersecurity, Enforcement, Fintech, General, Vendor management and transactions
Data Protection Report - Norton Rose FulbrightThe two-year transitional period under the New York State Department of Financial Services (“DFS”) Cybersecurity Regulation, 23 NYCRR 500 (the “Regulation”), will expire on March 1, 2019, with the final remaining requirement becoming effective. Entities covered by the Regulation that utilize third party service providers, which include not only banks and insurers, but also other … Continue reading

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

Andrea D'Ambra (US)Max Kellogg (US)By Andrea D'Ambra (US) and Max Kellogg (US) on Posted in Compliance and risk management, Data breach, General, Regulatory response
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

Vicarious liability in the data breach context – bad news for UK employers?

Steven Hadwin (UK)Mya Joel (UK)Marcus Evans (UK)Catrina Smith (UK)Amanda Sanders (UK)By Steven Hadwin (UK), Mya Joel (UK), Marcus Evans (UK), Catrina Smith (UK) and Amanda Sanders (UK) on Posted in Data breach
Data Protection Report - Norton Rose FulbrightThe Court of Appeal has upheld a decision of the High Court  holding that an employer can be vicariously liable for data breaches caused by the actions of an employee, even where the employee’s actions were specifically intended to harm the employer. This decision is significant as it means a company can be held liable … Continue reading

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

Chris Cwalina (US)Jeewon Kim Serrato (US)Steve Roosa (US)Tristan Coughlin* (US)By Chris Cwalina (US), Jeewon Kim Serrato (US), Steve Roosa (US) and Tristan Coughlin* (US) on Posted in General
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

Natpakal Rerknithi (TH)Anna Gamvros (HK)Ruby Kwok (HK)By Natpakal Rerknithi (TH), Anna Gamvros (HK) and Ruby Kwok (HK) on Posted in Regulatory response
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

FCC TCPA order partially upheld and partially set aside

Susan Ross (US)By Susan Ross (US) on Posted in Dispute resolution and litigation
US Supreme Court expands digital privacy rights in Carpenter v. United StatesOn March 16, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision on the Federal Communications Commission (FCC) omnibus order of 2015, relating to challenges to four of the FCC’s determinations relating to cell phones.  The appellate court upheld the FCC’s determinations that consumers can revoke consent to receive … Continue reading

EU Data Package Highlights Connections between Data Protection and the Digital Single Market

Jay Modrall (BE)By Jay Modrall (BE) on Posted in Data breach, General, Regulatory response
Data Protection Report - Norton Rose FulbrightOn January 10, 2017, the EU Commission published a package of documents on the EU’s data economy strategy, including e-privacy, data protection and the “European Data Economy.” The Commission documents,  published in the context of the Commission’s digital single market (“DSM”) initiative announced in May 2015, illustrate again the strong links between the EU’s digital … Continue reading

Verizon Settles FCC Privacy Investigation Over Use of “Supercookies”

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Regulatory response
Data Protection Report - Norton Rose FulbrightThe FCC announced last week that it reached a settlement with Verizon Wireless (“Verizon”) over its use of “supercookies.” More specifically, the FCC alleged that Verizon inserted unique identifiers into the headers of its customers’ HTTP requests to support its targeted advertising programs, and that customers had not consented to this practice. In this post, we … Continue reading

FTC Orders PCI DSS Compliance Reports

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Regulatory response
Data Protection Report - Norton Rose FulbrightThe Federal Trade Commission (FTC) has ordered nine companies to file Special Reports detailing how they assess their clients’ compliance with Payment Card Industry Data Security Standards (PCI DSS). Payment card issuing companies require businesses that process over one million card transactions per year to undergo PCI DSS compliance assessments, or audits, performed by PCI Qualified … Continue reading

Belgian court orders Facebook to stop tracking non-members, rejects FB’s assertion of lack of jurisdiction

Marcus Evans (UK)Jay Modrall (BE)By Marcus Evans (UK) and Jay Modrall (BE) on Posted in Compliance and risk management, Dispute resolution and litigation
On November 9, 2015, the President of the Brussels Court of First Instance ordered Facebook to stop tracking non-members in Belgium without their consent. The court imposed a penalty of EUR 250,000 per day for non-compliance. The proceeding is the result of a formal recommendation that the Belgian Privacy Commission (BPC) issued in May 2015 … Continue reading

Third Circuit ruling reinstates state law privacy claims related to Google’s use of cookies

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Compliance and risk management, Dispute resolution and litigation
Data Protection Report - Norton Rose FulbrightIn re: Google Inc. Cookie Placement Consumer Privacy Litigation, involves 24 consolidated lawsuits that were initially brought against several internet advertisers alleging violations of various state and federal privacy statutes, including the Computer Fraud and Abuse Act, the Wiretap Act and the Electronic Communications Privacy Act. In October of 2013, the District of Delaware dismissed … Continue reading

Reports suggest US-EU agreement on cross-border data transfers near, but will it stick?

Norton Rose FulbrightBy Norton Rose Fulbright on Posted in Regulatory response
Data Protection Report - Norton Rose FulbrightIt is being reported that the EU and the US have reached an agreement in principle on the revised cross-border data transfer framework, commonly referred to as Safe Harbor 2.0. Both sides expect further progress on the specifics in November of this year. Some of the thornier issues, however,regarding US surveillance activities, that are critical to addressing the concerns … Continue reading

Five new privacy laws on tap in California

By on Posted in Regulatory response
Data Protection Report - Norton Rose FulbrightThis month, California Governor Jerry Brown signed into law five new privacy bills that the Governor said are intended to strengthen data protections for the state’s residents. The laws, effective as of January 1, 2016, implement California’s Electronic Communications Privacy Act and amend the state’s breach notification statute, among other things. In this post, our Data Protection, Privacy … Continue reading
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