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Amid a Spate of Activity, COPPA Remains an FTC Enforcement Priority

By Bonnie Yeomans, Stephanie Kapinos & Kevin Milewski on May 20, 2019

Earlier this month, the FTC sent a letter to Wildec, LLC, the Ukraine-based maker of several mobile dating apps, alleging that the apps were collecting the personal information and location data of users under the age of 13 without first obtaining verifiable parental consent or otherwise complying with the Children’s Online Privacy Protection Act (COPPA). The letter pressed the operator to delete personal information on children (and thereafter comply with COPPA and obtain parental consent…

Privacy Law Blog

CCPA: The California Senate is Not Ready to Expand the Consumer Right of Action

By Christina Kroll on May 17, 2019

Senate Bill 561’s smooth sail through the California legislature came to an end on Thursday, May 16. On the eve of the deadline for all fiscal committees to hear and report on the bills introduced in their house, the Senate Appropriations committee decided to hold the bill. Meaning, SB 561 will not pass out of the Senate this session. Notably, the controversial bill was a proposed CCPA amendment that threatened to expand the Act’s private…

Privacy Law Blog

French DPA Issues Robust Model Regulation for Biometric Access Controls in the Workplace

By Laura E. Goldsmith & Mathilde Pepin on April 24, 2019

In late March, the French Data Protection Authority, Commission Nationale de l’Informatique et des Libertés (“CNIL”) released a model regulation (the “Model Regulation”) governing the use of biometric access controls in the workplace. Unlike many items of personal information, biometric data (such as a person’s face or fingerprints) is unique and, if stolen or otherwise compromised, cannot be changed to avoid misuse. Under Article 9 of the GDPR, biometric data collected “for the purpose of…

Privacy Law Blog

The European Parliament Approves EU-Wide Standard for Whistleblower Protection

By Erika C. Collins, Daniel Ornstein, Lloyd B. Chinn, Pinchos Goldberg & Vanessa P. Avello on April 18, 2019

Per our previous post, the European Parliament and the Member States agreed to adopt new rules that would set the standard for protecting whistleblowers across the EU from dismissal, demotion, and other forms of retaliation when they report breaches of various areas of EU law. According to a press release issued by the European Parliament on April 16, 2019, the Parliament approved these changes by an overwhelming majority. The new rules require that employers…

Privacy Law Blog

With Regulators Increasing Focus on Spam Robocalls, Arkansas Follows Others States in Passing Anti-Spoofing Privacy Law

By Laura E. Goldsmith on April 8, 2019

Unwanted robocalls reportedly totaled 26.3 billion calls in 2018, sparking more and more consumer complaints to the FCC and FTC and increased legislative and regulatory activity to combat the practice. Some automated calls are beneficial, such as school closing announcements, bank fraud warnings, and medical notifications, and some caller ID spoofing is justified, such as certain law enforcement or investigatory purposes and domestic violence shelter use. However, consumers have been inundated with spam calls –…

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In Groundbreaking Settlements, Attorneys General Find Fake Social Media Engagement Illegal

By Tiffany Quach & Alexa Meera Singh on April 1, 2019

On January 30, 2019, the Office of the New York Attorney General (“NY AG”) and the Office of the Florida Attorney General (“Florida AG”) announced settlements with Devumi LLC and its offshoot companies (“Devumi”), which sold fake social media engagement, such as followers, likes and views, on various social media platforms. According to the NY AG, such social media engagement is fake in that “it purports to reflect the activity and authentic favor of actual…

Privacy Law Blog

EU Agrees to Set the Floor for Whistleblower Protection Across All Member States

By Erika C. Collins, Daniel Ornstein, Lloyd B. Chinn & Vanessa P. Avello on March 12, 2019

According to a press release issued by the European Commission today, the European Parliament and the Member States have agreed to adopt new rules that set the standard for protecting individuals who blow the whistle on breaches of EU law from dismissal, demotion, and other forms of retaliation. This reform, which was first proposed by the European Commission in April 2018, seeks to replace the patchwork of whistleblower protections that currently exist across the Member…

Privacy Law Blog

What Does Brexit Mean for Data Protection?

By Kelly McMullon on March 11, 2019

With less than a month to go until the UK is due to leave the EU (at 11pm GMT/12pm CET on 29 March 2019), there is still much uncertainty as to whether, and if so how, the UK will exit the EU (commonly dubbed “Brexit”). In light of this uncertainty we outline what will happen, and what should be considered, depending on how things play out especially given the important votes due to take place…

Privacy Law Blog

Bills Introduced in California Legislature to Expand Scope of Breach Notification Law and Amend the CCPA

By Kristen J. Mathews, Stephanie Kapinos & Kevin Milewski on February 27, 2019

California already has some of the strongest data privacy laws in the United States, but within the past week state legislators, with the backing of the California Attorney General Xavier Becerra, have proposed two new bills that would strengthen California’s data privacy laws even more. One bill (SB 561) would amend key sections of the California Consumer Privacy Act (the “CCPA”), which we have previously blogged about when it was first enacted and…

Privacy Law Blog

How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?

By Stéphanie Martinier & Mathilde Pepin on January 17, 2019

The French Supreme Court sanctions a company for having produced complete employee pay slips in a litigation. It is not news that the rules of evidence and data privacy laws may be conflicting. A recent decision of the French Supreme Court[1] illustrates this tension and highlights the need for litigators to take into account data privacy principles before producing evidence containing personal information.…

Privacy Law Blog

Blog Authors

Amid a Spate of Activity, COPPA Remains an FTC Enforcement Priority

CCPA: The California Senate is Not Ready to Expand the Consumer Right of Action

French DPA Issues Robust Model Regulation for Biometric Access Controls in the Workplace

The European Parliament Approves EU-Wide Standard for Whistleblower Protection

With Regulators Increasing Focus on Spam Robocalls, Arkansas Follows Others States in Passing Anti-Spoofing Privacy Law

In Groundbreaking Settlements, Attorneys General Find Fake Social Media Engagement Illegal

EU Agrees to Set the Floor for Whistleblower Protection Across All Member States

What Does Brexit Mean for Data Protection?

Bills Introduced in California Legislature to Expand Scope of Breach Notification Law and Amend the CCPA

How Can Data Privacy Regulations Limit the Ability to Present Evidence in a Litigation?

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