CyberAdviser

Insights from the frontlines of privacy and data security law

The Denmark Data Protection Authority (DPA) ruled on April 11, 2019 that affirmative consent is required when companies record customer telephone calls. Because voice recordings constitute personal data under the European Union’s (EU) General Data Protection Regulation (GDPR), international companies that communicate via telephone with EU customers will need to take steps to ensure GDPR compliance. In this case, Denmark’s largest telecommunications company, TDC A/S, provided disclosures to its customers that calls may be recorded…
Recently, legislators in Texas introduced two bills relating to consumer privacy and data protection: H.B. No. 4518, the Texas Consumer Privacy Act (“Texas CPA”) and H.B. No. 4390, the Texas Privacy Protection Act (“TPPA”). These bills bear a strong resemblance to the California Consumer Privacy Act (the “California CPA”), and would lay the groundwork for extensive administrative schemes protecting consumers’ rights to their personal information. Texas CPA The Texas CPA bears strong similarity to California…
Utah Governor Gary Herbert is expected to sign a new privacy law in the coming weeks that will make his state the first to protect private electronic data stored with third-party providers from government access without a warrant. Under the legislation passed unanimously by the Utah Legislature earlier this month, law enforcement agencies need a warrant to obtain information about an individual from wireless communications providers, email platforms, search engine providers, or social media companies.…
On March 20, 2019, the Supreme Court refused to address the adequacy of a $8.5 million Google privacy class action settlement and instead remanded to a lower court to determine whether the class action plaintiffs had standing to assert a claim under the Stored Communications Act (“SCA”).  The Court’s holding serves as a reminder that despite the recent trend in finding standing for privacy violations, it can still be an open issue. Frank v. Gaos…
Following numerous privacy complaints, the State Office for Data Protection Supervision (BayLDA) recently conducted a random audit on 40 companies and found widespread problems with their cookie disclosures. The purpose of the audit was to determine whether website users were able to obtain transparent information regarding the use and tracking of their information by third-party providers. Ultimately, the BayLDA found that all 40 companies were in violation of the GDPR. Based on their findings,…
As tax season winds on, the W-2 form scam has emerged as one of the most dangerous and common phishing email schemes during this time of year. W-2s are information-rich documents containing an employee’s name, Social Security number, address, salary, and other personal information. Each year, cyber criminals target these documents in order to sell the sensitive information contained therein and to submit fraudulent tax returns in hopes of defrauding the IRS.…
New proposed legislation in California, backed by state Attorney General (AG) Xavier Becerra, would amend the new California Consumer Privacy Act (CCPA) to make it easier for private plaintiffs and public officials to sue for violations while further increasing regulatory uncertainty and compliance costs for businesses.  Specifically, SB 561 would expand the CCPA’s private right of action, remove the Act’s public enforcement “cure” provision, and eliminate the ability of affected companies to seek compliance guidance…
The Equifax and Facebook-Cambridge Analytica scandals, coupled with the proliferation of state privacy and security laws such as the California Consumer Privacy Act (CCPA)—as well as proposed laws in Washington and Massachusetts—have increased demand for a comprehensive national privacy law.  Last week, the Senate announced plans to hold hearings to discuss a proposed privacy law.  The Government Accountability Office (GAO) has just released its report recommending that Congress develop comprehensive privacy legislation to enhance…
On February 7, 2019, the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services published the resolution agreement for its final HIPAA settlement of 2018.  The resolution agreement cited two breach notifications that OCR received from the parent of several hospitals in California.  In 2013, the provider notified OCR of a breach that occurred when one of its contractors removed electronic security protections from a server.  This breach affected more…