In one of the most highly anticipated judgments in recent years, the UK Supreme Court has unanimously rejected a class-action style compensation claim under the Data Protection Act 1998. The Supreme Court decision was handed down as a result of a claim raised against Google LLC (Google) by Richard Lloyd on behalf of four million … Continue Reading
On October 5, 2021, California Governor Gavin Newsom signed into law amendments to the California Consumer Privacy Act (CCPA) via Assembly Bill 694. Businesses are eagerly awaiting clarification on many aspects of the CCPA and the California Privacy Rights Act (CPRA) (the CPRA is set to go into effect on January 1, 2023, with a 12-month look-back … Continue Reading
California’s new enforcement agency, the Consumer Privacy Protection Agency (CPPA), recently held a meeting of its Board of Directors (Board), where they discussed the possible need to extend the July 1, 2022 CPRA rulemaking deadline and estimated that the updated privacy law, which takes effect in 2023, may require doubling the existing body of CCPA … Continue Reading
Washington State legislators continue in their effort to pass only the second comprehensive privacy legislation in the U.S., the Washington Privacy Act (WPA). Introduced on January 11, 2021, the WPA is currently making its way through committee hearings. The debate continues, with the Washington State Senate Ways & Means Committee recently holding a public hearing … Continue Reading
Many online platforms are using verification tools to address the broader concern of trustworthiness and credibility on the Internet. With a general move toward a “verified internet,” these online platforms are looking at new verification measures, including facial recognition and other biometric technology. The online adult video platform Pornhub announced last week that it will … Continue Reading
In a Law360 article published last week, the top six media and advertising trends expected in 2021 are discussed. It is no surprise that data privacy and protection issues will likely continue to be a major focus for those operating in the media and advertising sectors. Two major themes identified include the potential for increased … Continue Reading
On January 6th, the first day of the New York legislature’s 2021 session, NY lawmakers proposed Assembly Bill 27 (AB 27), the Biometric Privacy Act. The legislative purpose of AB 27 is to provide safeguards for consumers regarding their biometric identifiers, such as fingerprints, handprints, retina or iris scans, voiceprints, and other facial and hand … Continue Reading
Before the dust has even settled on many California Consumer Privacy Act (CCPA) compliance projects, California voters have welcomed the future of privacy by overwhelmingly approving Proposition 24: The California Privacy Rights Act (CPRA). Building off of the CCPA framework, the CPRA expands the rights of California consumers, adds new responsibilities for both business and … Continue Reading
The protection afforded by attorney-client privilege brings about a candid conversation between lawyers and clients. Privilege can attach to communications covering a variety of topics, from responding to a data subject access request (DSAR) to handling a security incident or managing complex and time consuming investigations on a multinational scale. Different privilege rules may apply … Continue Reading
In September 2020, the European Data Protection Board (EDPB) released new guidelines on the targeting of social media users (Guidelines) for consultation. Background The Guidelines address the privacy risks and legal issues that arise when social media services are used to direct specific messages to users based on particular criteria, such as the users’ perceived … Continue Reading
On September 9, a federal judge in California dismissed claims brought by hiQ Labs, Inc. (hiQ) against LinkedIn Corp. (LinkedIn) that alleged that LinkedIn’s attempts to prevent hiQ from accessing public information on its website violated various antitrust laws. In an opinion that will continue to fuel debate over the relationship between antitrust and privacy, … Continue Reading
Class actions are widely known for their popularity in the United States. These types of actions are now developing in the UK because of recent data breach litigations. In the UK, group litigation can arise in two different scenarios: Group Litigation Order (“GLO”) or representative actions. GLOs are orders given by the Courts to manage … Continue Reading
In a recent Q&A with Illinois Attorney General Kwame Raoul, the first term AG discusses potential changes to data breach laws in Illinois and whether his state could implement a privacy statue similar to the California Consumer Privacy Act (CCPA), the effectiveness of federal data breach legislation, and reasonable steps that businesses could take to … Continue Reading
Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers gone horribly wrong. In April, Draper James ran an Instagram promotion to recognize and thank teachers for their work during the COVID-19 … Continue Reading
By Katalina Bateman and Karen Lee Lust on Posted in In the Courts
Recent cases have highlighted the continued tensions between the GDPR and U.S. demands for discovery in the context of U.S. litigation and investigations. This issue can present a real concern for companies operating on both sides of the pond seeking to comply with obligations on either side. Whilst the GDPR provides EU citizens with valuable … 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
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
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
On March 10, 2020, Vermont Attorney General T.J. Donovan initiated an enforcement action based on Vermont’s new data broker law against Clearview AI, Inc. Vermont’s data broker law, which became effective January 1, 2019, governs data brokers, which it defines as companies that collect and sell or license to third parties the personal information of … Continue Reading
Last week, on March 11, the California Department of Justice, Office of the Attorney General (AG) released its second set of revisions to its draft regulations under the California Consumer Privacy Act (CCPA). This second set of proposed revisions is based in part on comments received in response to an initial set of proposed revisions … Continue Reading
On March 2, 2020, Reed Smith and the International Association of Privacy Professionals (IAPP) presented a panel discussion on 2020 privacy laws and trends featuring Attorney General Christopher Carr of Georgia; Linda Holleran Kopp of the Bureau of Consumer Protection, Division of Privacy and Identity Protection of the Federal Trade Commission (FTC); and Oriana Senatore, … Continue Reading
Although the California Consumer Privacy Act (CCPA) specifically precludes private lawsuits except for those resulting from certain data breaches, that has not stopped at least one plaintiff from bringing a putative class action based on an alleged CCPA violation. A proposed class action was filed on February 27, 2020, in the Southern District of California … Continue Reading
