Eye On Privacy

Timely Updates and Analysis on Privacy and Cybersecurity Issues

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Eye On Privacy

Apple Eases Push Notification and Other Privacy Restrictions

By Liisa Thomas & Bridget Russell

April 9, 2020

Apple recently revised its review guidelines to allow push notifications that include “advertising, promotions, or direct marketing.” This changes a prior -and longstanding- prohibition on push notices that contain such content. Customers must affirmatively opt in to get promotional push notices, though (“through consent language displayed in your app’s UI”). They must also be able to opt out through an in-app mechanism. Although promotional push notices were previously prohibited, many apps sent them. These modifications…

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Can you Zigzag? California AG Releases Latest Draft of CCPA Regulations

By Julia Kadish, Rachel Tarko Hudson & Liisa Thomas

March 17, 2020

On March 11, 2020, the second set of modifications (or the third version) of the CCPA draft regulations were released. While the number of substantive changes dwindled in this version, there are a number of drafting corrections and a few modifications of note. Namely:…

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Turn On the Camera Part Three: Fulfilling CCPA Training Obligations in the Face of COVID-19

By Liisa Thomas, Craig Cardon & Rachel Tarko Hudson

March 13, 2020

As many who have been tracking CCPA are aware, the law requires training employees who handle consumer inquiries, and ensuring that employees understand how to help consumers exercise their rights. Since most of those rights requests are arriving by web page, email, and phone, it is unlikely that rights requests will slow in the face of COVID-19. Indeed, it is possible that they may increase. Employees will thus still need training, something many companies had…

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Turn on the Camera Part Two: Are You Prepared to Handle a Breach Remotely and Do You Know Your Legal Security Obligations?

By Liisa Thomas, Craig Cardon, Kari Rollins & Rachel Tarko Hudson

March 12, 2020

During their COVID-19 preparations, companies are dusting off -and deploying- their business continuity plans. Also worth revisiting are incident response plans. Teams working remotely, if faced with a data breach, will still face privilege issues. For this reason simply moving to asynchronous forms of communication (email, chat, etc.) may not suffice, or may increase legal risk and exposure. Teams will thus need to be prepared for coming together virtually. Turning on the camera to converse…

Eye On Privacy

Turn on the Camera Part One: Keeping Your Privacy Compliant Efforts Moving Forward in the Face of COVID-19

By Liisa Thomas, Craig Cardon & Rachel Tarko Hudson

March 11, 2020

As companies brace for the impact of COVID-19, the last thing on everyone’s mind may be proactive privacy compliance obligations. Certainly, companies may be thinking about privacy obligations that relate specifically to their COVID-19 response. What types of employee information can be disclosed, for example, especially in European offices? (On this, see guidance from the French, Italian and Irish data protection authorities.) But companies can think more broadly, in particular about how they will…

Eye On Privacy

NY SHIELD Act Data Security Requirements Effective This Month

By Julia Kadish

March 9, 2020

Businesses collecting personal information from New York residents will soon be expected to apply enhanced data security requirements. The New York SHIELD Act, signed into law in July 2019, expanded breach notice requirements in October 2019. Now, On March 21, 2020, the remaining provisions related to data security will also come into effect. As we wrote previously, businesses subject to the law must implement data security programs that include at least the following:…

Eye On Privacy

FTC Releases 2019 Privacy and Security Year in Review

By Julia Kadish

March 4, 2020

The FTC recently released its annual privacy and security report, providing a snapshot of the issues focused on in the previous year. These reports are often looked at as a signal for insights into the agency’s upcoming priorities. Generally, the report contains a summary of the FTC’s enforcement, advocacy, and rulemaking actions from 2019, a year where we saw several record-setting fines. The report also discusses privacy/security workshops, consumer education, and international engagement. Some…

Eye On Privacy

Buyers (And Sellers) Beware!: SEC Observations on Cybersecurity and Resiliency

By David Poell

March 2, 2020

The Securities and Exchange Commission recently published a set of observations designed to assist financial market participants. While not legally binding, the observations are guideposts for investment companies, securities issuers, and others. They outline steps to improve cyber preparedness and to protect against well-known and evolving cybersecurity threats faced by companies in the United States and worldwide.…

Eye On Privacy

Final Draft of NIST Privacy Framework Released

By Julia Kadish

February 25, 2020

NIST recently released a final version of its Privacy Framework to incorporate public feedback in response to the draft it issued late last year. For organizations familiar with the NIST Cybersecurity Framework first released in 2014, the privacy framework follows a similar structure and it is intended to be used together.…

Eye On Privacy

European Parliament Weighs in on Automated Decision-Making

By Elfin Noce

February 24, 2020

The European Parliament recently issued a resolution directed at the European Commission on its concerns with automated decision-making processes and artificial intelligence. While the EU Parliament addresses several areas of automated decision-making, the underlying theme of this resolution is that the Commission should ensure that there is transparency and human oversight of these processes. In particular, the EU Parliament stresses that consumers should be properly informed about how the automated decision-making functions, be protected from…

Eye On Privacy

Timely Updates and Analysis on Privacy and Cybersecurity Issues

Blog Authors

Apple Eases Push Notification and Other Privacy Restrictions

Can you Zigzag? California AG Releases Latest Draft of CCPA Regulations

Turn On the Camera Part Three: Fulfilling CCPA Training Obligations in the Face of COVID-19

Turn on the Camera Part Two: Are You Prepared to Handle a Breach Remotely and Do You Know Your Legal Security Obligations?

Turn on the Camera Part One: Keeping Your Privacy Compliant Efforts Moving Forward in the Face of COVID-19

NY SHIELD Act Data Security Requirements Effective This Month

FTC Releases 2019 Privacy and Security Year in Review

Buyers (And Sellers) Beware!: SEC Observations on Cybersecurity and Resiliency

Final Draft of NIST Privacy Framework Released

European Parliament Weighs in on Automated Decision-Making

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