Eye On Privacy

Timely Updates and Analysis on Privacy and Cybersecurity Issues

Following lots of legislative uncertainty, Brazil has now formally enacted the country’s first general data protection law, Lei Geral de Proteção de Dados, or “LGPD.” While administrative sanctions do not go into effect until August 1, 2021, individuals and public prosecutors can now bring claims for losses and damages. Indeed, at least one public civil action has already been filed. LGPD is the first comprehensive general data protection law in Latin America. It was modeled…
Late this summer the New York Department of Financial Services (NYDFS) announced its first enforcement action since the cybersecurity rules went into effect in March 2017. The action was brought against First American Title Insurance Co. as a result of a 2018 data breach exposing 850 million customer records containing sensitive personal information.…
In a much anticipated ruling, this month the Swiss Data Protection Authority concluded that the EU-US Swiss Privacy Shield was no longer an adequate method for transferring personal information from Switzerland to the US. In reaching this decision, the Swiss data protection authority agreed with the recent, similar, EU decision of inadequacy. Like the EU, Switzerland anticipates those transferring personal information from Switzerland to the US to rely on standard contractual clauses. However like the…
An amendment to the CCPA recently passed through the legislature, adding some much needed clarity to HIPAA-regulated entities, research institutions and other life science and medical device companies. CCPA in its current form left open uncertainty for business associates, de-identified information, and information collected in the course of medical research. AB 713 helps clarify certain exemptions and applicability of CCPA to organizations in the health and research space.…
As the California legislature session concluded at the end of August, a significant amendment to the CCPA finally passed both houses. California bill AB-1281 passed the Senate in the last days of the month, extending the business-to-business and employee/applicant carve-outs through January 1, 2022 (as we wrote about previously). The bill now sits with Governor Newsom to sign before the end of September.…
As we wrote previously, kids are spending more of their days online and are using online platforms for virtual learning and entertainment. Much of this environment is funded through online advertising. All companies thus need to think about the impact that children’s privacy laws, like COPPA, have on the online environment, as they will see the outcomes of this applicability in their contracts.…
In our online world, one of the challenges (and opportunities) for companies is the increased use of their websites, apps, and connected devices. For platforms directed to both adults and children, or platforms previously directed to adults which would like to now also direct their services to children, the FTC’s recently streamlined FAQs, and ICPEN’s guide (both of which we introduced earlier this week) can help companies in this space. The information is…
In this remote era, companies are increasingly being approached by their business teams with ideas about products and services that involve video or audio recordings of their consumers. It may also involve letting people manipulate photos of themselves. Sometimes, those recordings and pictures are of children. Content that contain images or audio of individuals are considered personal information under many laws, including the Children’s Online Privacy Protection Act (COPPA). What does this mean for companies?…
In the current pandemic era, kids are spending more time online, be it for school or entertainment. Companies are therefore gearing up for increased interaction with children online or through connected devices. As children around the globe return to school, whatever  that return looks like, the FTC and the International Consumer Protection Enforcement Network (ICPEN) remind us that certain rules apply when dealing with kids online.…
The National Institute of Standards and Technology has issued a set of draft principles for “explainable” artificial intelligence and is accepting comments until October 15, 2020. The authors of the draft principles outline four ways that those who develop AI systems can ensure that consumers understand the decisions reached by AI systems. The four principles are:…