Data Counsel

Commentary Addressing Risks and Opportunities Through the Lifecycle of Data, Technology, Advertising and Innovation

Latest from Data Counsel

On Wednesday, July 29, 2020, the House Judiciary Committee’s Subcommittee on Antitrust conducted its sixth hearing into online platforms and market power, welcoming as witnesses the chief executive officers of Amazon, Apple, Google, and Facebook. The hearing lasted more than five hours and was styled as “Examining the Dominance of Amazon, Apple, Facebook and Google.” Due to COVID-19, the CEOs testified virtually, adding an ironic digital twist with the tech titans appearing together in video…
Ever since the New York State Department of Financial Services (DFS) instituted its first-in-the-nation Cybersecurity Regulation[1] in 2017 (covered in our post here), banks, insurance companies, and others in the financial services industry wondered what would trigger an enforcement action under its broad purview. At long last, the industry now knows. On July 22, 2020, the DFS announced a statement of charges against First American Title Insurance Company (First American) alleging violations of…
A federal court has ruled that an “established business relationship” can be created during a call, even if that call is a “telephone solicitation” that violates the Telephone Consumer Protection Act (TCPA). Charvat v. Southard Corp., No. 2:18-cv-190 (S.D. Ohio). A copy of the opinion is attached; the defendants in this matter are represented by BakerHostetler. Southard stands for the proposition that the context of a call is important and must be considered in…
Quick Links CJEU Press Release CJEU Decision Press Releases from the Parties Irish Data Protection Commission Max Schrems U.S. Department of Commerce Electronic Privacy Information Center (EPIC) BSA The Software Alliance DIGITALEUROPE 1. Is the EU-U.S. Privacy Shield framework dead? Yes, the Privacy Shield framework has been invalidated. The Court of Justice of the European Union (CJEU) invalidated the Privacy Shield framework based on its finding that the framework does not sufficiently protect EU personal…
Last week, the International Association of Privacy Professionals hosted a keynote session with Stacey Schesser, supervising deputy attorney general (AG) of the California Department of Justice, to discuss the July 1 start of the AG’s enforcement authority under the California Consumer Privacy Act (CCPA). The deputy AG discussed the current scope of the AG’s enforcement authority and confirmed that on July 1, the Office of the Attorney General (OAG) sent businesses an initial round of letters, which included notices of alleged violations.…
Partners Ann O’Brien and Jeewon Serrato and Associate Alyse Stach authored an article published by the International Association of Privacy Professionals (IAPP) on June 23, 2020. The article, “The Thin Line Between Privacy and Antitrust,” discusses how the lines between antitrust and privacy objectives and enforcement are becoming increasingly blurred. The authors describe real-world scenarios in which companies need to find ways to compete, innovate and serve customers while navigating antitrust and privacy issues. Read
This blog post has been updated to account for additional information related to the California Privacy Rights Act (CPRA) ballot initiative released following original publication of this post. On Friday, June 19, 2020, the Superior Court of California issued a ruling that paved the way for Californians to see the CPRA on the ballot in November. In its ruling, the court recognized that Alastair Mactaggart, the individual responsible for both the CCPA and the CPRA,…
Attorneys play an important role in the incident response process. A skilled and experienced attorney can help organizations effectively respond to a security incident in a way that complies with obligations, protects key relationships, and prevents or mitigates financial consequences. Unfortunately, some have sold the value of involving an attorney in the incident response process as the ability to cloak an investigation in privilege and work product. So there have been surprised reactions to recent…
Dear Friends, In January, we announced the creation of the firm’s 6th practice group—Digital Assets and Data Management. Since September 2010, members of our group have been covering privacy and security topics through our Data Privacy Monitor blog. Today, we are excited to launch our rebranded blog – Data Counsel – to more fully capture our group’s commitment to “everything data and technology”. BakerHostetler’s elevation of the importance of this practice reflects the significance our…
On June 1, 2020, the Office of the California Attorney General (OAG) submitted the final proposed regulations (final regs) under the California Consumer Privacy Act (CCPA or the Title) to the California Office of Administrative Law (OAL). OAL now has 30 working days, plus an additional 60 calendar days under Executive Order N-40-20 related to the COVID-19 pandemic, to review the regs for procedural compliance with the Administrative Procedure Act. Although we do not expect…