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Seventh Circuit Adopts Narrow Interpretation of TCPA Autodialer Definition, Deepening Circuit Split

By Rafael Reyneri

February 21, 2020

The Seventh Circuit has issued a unanimous decision in Gadelhak v. AT&T Services, adopting a narrow interpretation of a key definitional term in the Telephone Consumer Protection Act (TCPA). This decision is in line with a recent ruling from the Eleventh Circuit (which we analyzed here) but departs from the Ninth Circuit’s approach—deepening a circuit split that increases the possibility the Supreme Court will review the issue.…

Inside Privacy

European Commission Presents Strategies for Data and AI (Part 1 of 4)

By Lisa Peets, Marty Hansen, Sam Jungyun Choi, Nicholas Shepherd & Anna Oberschelp de Meneses

February 20, 2020

On 19 February 2020, the European Commission presented its long-awaited strategies for data and AI. These follow Commission President Ursula von der Leyen’s commitment upon taking office to put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within the new Commission’s first 100 days. Although the papers published this week do not set out a comprehensive EU legal framework for AI, they do give a clear indication…

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California Introduces Bill to Regulate Automated Decision Systems

By Jadzia Pierce & Frank Broomell

February 19, 2020

On February 14, 2020, California State Assembly Member Ed Chau introduced the Automated Decision Systems Accountability Act of 2020, which would require any business in California that provides a person with a program or device that uses an “automated decision system” (“ADS”) to establish processes to “continually test for biases during the development and usage of the ADS” and to conduct an impact assessment on that program or device. ADS is defined broadly as…

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Sen. Kirsten Gillibrand Proposes New Digital Privacy Agency

By Jadzia Pierce & Frank Broomell

February 19, 2020

On February 12, 2020, Senator Kirsten Gillibrand (D-NY) announced a plan to create a new Data Protection Agency through her proposed legislation, the Data Protection Act of 2020 (S.3300). Under the proposal, the new agency would replace the Federal Trade Commission (FTC) as the “privacy cop on the beat.” As such, the FTC’s current authority in the privacy space—including its ability to draft guidelines, conduct studies, and issue implementing regulations for certain federal privacy laws,…

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Centre for Data Ethics and Innovation publishes final report on “online targeting”

By Dan Cooper, Paul Maynard & Jonathan Benjamin

February 18, 2020

On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience. In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The…

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French Supervisory Authority Publishes Guidance for Website and App Developers

By Anna Oberschelp de Meneses, Kristof Van Quathem & Nicholas Shepherd

February 17, 2020

On January 27, 2020, the French Supervisory Authority (“CNIL”) issued a guidance for developers of websites and applications which sets out the main principles of the General Data Protection Regulation (“GDPR”), expounds on their application in the online environment, and gives practical tips to help developers respect users’ privacy when deploying websites and apps. The guidance consists of 17 recommendations, each covering a key principle supported by additional advice and examples. Below, we list all…

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German Federal Commissioner for Data Protection and Freedom of Information Launches Public Consultation on Anonymization

By Ulrike Elteste & Kristof Van Quathem

February 11, 2020

On February 10, 2020, Germany’s Federal Commissioner for Data Protection and Freedom of Information (BfDI) launched its first public consultation procedure. The consultation invites comments on a position paper of the BfDI which addresses the anonymization of personal data under the General Data Protection Regulation (GDPR), with a particular focus on the telecommunications sector (for example, the anonymization of location data in mobile networks). The position paper points out that the processing of anonymized…

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Cyberspace Administration of China Releases Notice on the Protection of Personal Information in the Fight Against Coronavirus

By Yan Luo

February 11, 2020

In response to the recent coronavirus outbreak (“2019-nCoV”), a wide range of Chinese regulators, including many levels of local governments (down to the neighborhood committee level) and local public security bureaus (“PSBs”), have been actively collecting personal information to monitor and potentially mitigate the spread of the outbreak. For example, Shenzhen PSB has issued a notice requiring residents or visitors to Shenzhen to scan a QR code to fill in personal information, such as their…

Inside Privacy

California AG Releases New Draft CCPA Regulations

By Lindsey Tonsager, Alexandra Scott & Danielle Kehl

February 9, 2020

The California Attorney General has released both clean and redlined versions of proposed modifications to the draft implementing regulations for the California Consumer Privacy Act (“CCPA”). Below is a high-level overview of some key changes: Service Providers. The modified draft restricts a service provider from processing the personal information it receives from a business except in the following five circumstances: (1) performing services in the contract with the business that provided the personal information, (2)…

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Kids’ Privacy Bill Allowing for Private Suits Introduced in House

By Lindsey Tonsager & Sarah Guerrero

February 7, 2020

girl-looking-at-mobile-phone-while-lying-under-blanket-picture-id638518932

On January 30, House Rep. Kathy Castor (D-FL) introduced the Protecting the Information of our Vulnerable Children and Youth (“PRIVCY”) Act, a bill that promises to be a significant overhaul of the Children’s Online Privacy Protection Act (“COPPA”). Currently, COPPA applies only to personal information collected from children under 13 years old. The PRIVCY Act would greatly expand COPPA’s scope by making any personal information – including biometric, geolocation, and inferred information, whether collected from…

Inside Privacy

Updates on developments in data privacy and cybersecurity

Blog Authors

Seventh Circuit Adopts Narrow Interpretation of TCPA Autodialer Definition, Deepening Circuit Split

European Commission Presents Strategies for Data and AI (Part 1 of 4)

California Introduces Bill to Regulate Automated Decision Systems

Sen. Kirsten Gillibrand Proposes New Digital Privacy Agency

Centre for Data Ethics and Innovation publishes final report on “online targeting”

French Supervisory Authority Publishes Guidance for Website and App Developers

German Federal Commissioner for Data Protection and Freedom of Information Launches Public Consultation on Anonymization

Cyberspace Administration of China Releases Notice on the Protection of Personal Information in the Fight Against Coronavirus

California AG Releases New Draft CCPA Regulations

Kids’ Privacy Bill Allowing for Private Suits Introduced in House

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