It is natural for businesses to be concerned about the security of their premises and to explore new technologies that can help mitigate health and safety risks related to that security. As retailers get back to business in the United States, the laws implicating biometrics and the increase in use cases for biometric technologies have … Continue Reading
On 12 June 2020, the UK’s Information Commissioner’s Office (ICO) issued new guidance for organisations on the coronavirus (COVID-19) recovery phase (Guidance). The Guidance (available here) forms part of the ICO’s wider data protection and coronavirus information hub (available here) which aims to help organisations navigate data protection during this unprecedented time. The new Guidance … Continue Reading
The Information Commissioner’s Office (ICO) has updated its guidance on access requests and whether such requests are manifestly unfounded or excessive, providing further clarification to the definitions in the guidance and on how data controllers should respond to such requests. We summarise the key points below. Background A data subject has rights under the Data … Continue Reading
On 26 May 2020, the German Data Protection Authorities (German DPAs) issued guidelines on measures to protect personal data transferred via email (Guidelines; available in Germen here). The Guidelines outline requirements for procedures to send and receive emails that must be met by data controllers, data processors and public email service providers (Email Service Providers) … Continue Reading
Artificial intelligence, or AI, has the ability to process large sets of data. The term “AI” describes algorithms that can be taught to identify patterns or predict outcomes. If the algorithm is primed with a teaching set of data, then it can evaluate new sets of data based on the desired outcome. AI has been … Continue Reading
After many months and several rounds of revisions, the Office of the California Attorney General has finally submitted the final proposed regulations package under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). The complete package, which includes the Final Text of Proposed Regulations and the Final Statement of Reasons, … Continue Reading
A Dutch court has held that a grandmother was in breach of the General Data Protection Regulation (GDPR) for posting pictures of her grandchildren on social media platforms without their parents’ consent and refusing to delete them after multiple requests. The GDPR does not apply to the processing of personal data by an individual “in … Continue Reading
It has been 64 days since the UK officially went into lockdown due to the COVID-19 crisis, with many ‘non-essential’ workers vacating their workplace. In preparation for sending the UK back to work, the Information Commissioner’s Office (ICO) has issued FAQ-style guidance to assist employers wishing to track and test employees’ symptoms (available here). Health … Continue Reading
Company investigations (whether self-initiated or required by regulators) generally require the collection, review, and analysis of data to identify documents and other materials that are relevant to the investigation. An investigation may result in the need to access sensitive personal data or, frequently, involve the review of other materials that happen to include personal data … Continue Reading
On 13th May, the European Commission’s eHealth Network published its interoperability guidelines for approved contact tracing mobile applications in the EU, guiding developers when designing and implementing applications and backend solutions to ensure efficient tracing of cross-border infection chains. These guidelines serve as a follow-up action to their previously published ‘Common EU Toolbox for Member … Continue Reading
On 18 March, the Task Force for Relations with the United Kingdom (UKTF) of the European Commission published its Draft Text of the Agreement on the New Partnership with the United Kingdom (Draft Agreement). It translates the negotiating directives, approved by Member States, into a legal text, in line with the Political Declaration agreed between … Continue Reading
The Personal Data Protection (Amendment) Bill 2020 (the Bill) was published today for public consultation. Key amendments proposed in the Bill include: Increased financial penalties for breaches of the Personal Data Protection Act (the Act) of up to 10 per cent of annual gross turnover in Singapore or S$1 million, whichever is higher. Mandatory data … Continue Reading
The chair of the Council of Europe’s data protection ‘Convention 108’ committee, Alessandra Pierucci, and the Council of Europe Data Protection Commissioner, Jean-Philippe Walter, have recently released a joint statement on digital contact tracing in the fight against coronavirus. Digital contact tracing is being used in many countries to help control the spread of coronavirus … Continue Reading
The novel coronavirus pandemic has created an immediate and immense need for scientific research. Amid this urgency, the European Data Protection Board (EDPB), during its twenty-third plenary session held on April 21, adopted guidelines to shed light on legal questions concerning the use of health data (pursuant to article 4(15) of the General Data Protection … Continue Reading
The use of facial recognition and other biometric technologies by businesses, retailers, and landlords continues to grow and has found a new application in response to the COVID-19 pandemic. Proper implementation and management of these technologies can help increase security and limit physical contact. Real estate management firms and various businesses may be able to … Continue Reading
The Commercial Court held in AA v. Person Unknown [2019] EWHC 2556 (Comm) that a cryptocurrency such as bitcoin is a form of property capable of forming the subject of a proprietary injunction, in January. This is the first time the courts have applied the analysis set out in the UK Jurisdiction Taskforce’s legal statement … Continue Reading
All businesses are concerned with whether their revenue and custom will continue during a crisis. When their services (more importantly those involving technology) depend on the use of third party suppliers, businesses should also think about their own ability to deliver. Questions that business managers will be agonising over during a crisis include: Will our … Continue Reading
In a world where we have been ordered to stay home and shelter in place to combat the spread of COVID-10 our children are now learning remotely. While it is fortunate that technology allows students to continue the school year at home, remote learning presents an obstacle where children’s privacy is concerned. In the United … Continue Reading
On March 26, 2020, amendments to Washington, D.C.’s data breach notification law were enacted in bill number B23-0215. Put briefly, the amendments impose various prevention, response, and mitigation obligations on businesses regarding data breaches that affect D.C. residents. Below is a summary of the key changes of which businesses should be aware.… Continue Reading
On March 17, 2020, the federal government relaxed a number of telehealth-related regulatory requirements due to COVID-19. On April 3, 2020, California Governor Gavin Newsom issued Executive Order N-43-20 (the Order), which relaxes various telehealth reporting requirements, penalties, and enforcements otherwise imposed under state laws, including those associated with unauthorized access and disclosure of personal … Continue Reading
As the U.S. economy and educational system adapt to work and life at home, it is important to remember that cybersecurity (and related privacy) risks remain and are evolving. Remembering to think through measures that are in place to protect personal information, proprietary information, confidential information, and information needed for ongoing operations can help businesses … Continue Reading
In a matter of three days, Parliament passed a bill granting emergency powers to the government to deal with the COVID-19 outbreak. The Queen granted Royal Assent on 25 March 2020, bringing into force the Coronavirus Act 2020 (the Act) (the Act). The Act, amongst other things, gives the government wide-ranging powers to restrict events … Continue Reading
The Telephone Consumer Protection Act (the TCPA) restricts telemarketing and the use of automated telephone equipment for phone calls, faxes, and text messages. The TCPA provides a private right of action and significant statutory penalties, and therefore is an area of significant risk for any company that communicates with its customers, particularly by phone or … Continue Reading
As businesses and individuals across the globe struggle to adapt to a new normal of remote work and social distancing due to the COVID-19 (a/k/a novel coronavirus) pandemic, they should also be aware of a number of U.S. data privacy and data security implications arising from these changes. In addition, businesses must be cognizant of … Continue Reading
