Last week while Americans were preoccupied with carving turkey and baking pies, the privacy world was aflutter with a string of developments in Europe that may drastically affect the future of worldwide website usage and global advertising technology as we currently know it. In short, due to some of the recent positions taken by regulators, “tracking” techniques and cookies as we know them may quickly be saddled with extra compliance requirements. Continue Reading Requiem for a Cookie: The Beginning of the End for Current AdTech Models

This past summer, we reported on the July 2021 vote by the Uniform Law Commission (ULC) to approve the Uniform Personal Data Protection Act (UPDPA), a model data privacy bill designed to be promulgated in state legislatures across the United States. Now the District of Columbia becomes the first jurisdiction to have the bill introduced for consideration. Continue Reading Washington, D.C., Becomes the First Mover on the Uniform Personal Data Protection Act

On October 21, 2021, the FTC released a report making it quite clear: internet service providers (ISPs) are next in line for heightened FTC scrutiny. After analyzing the data collection, sharing, and usage practices of the six largest ISPs and three of their affiliated advertising entities, the FTC concluded that the ISPs “amass large pools of sensitive data, and that their uses of such data could lead to significant harms.” [1]

This report traces its lineage back to August 2019, when the FTC used its powers under Section 6(b) of the FTC Act to issue Orders to File Special Reports to the six largest ISPs that comprised approximately 98.8% of the mobile internet market. Continue Reading ISPs, the FTC Has You In Their Crosshairs

California’s proliferation of new privacy laws shows no sign of slowing. In September and October, California’s Governor Gavin Newsom signed multiple privacy bills into law, covering genetics, abortion rights, and updates to the California Privacy Rights Act (CPRA) in Assembly Bill 694 (AB 694), which among other things clarifies the timing of the California Privacy Protection Agency’s (CPPA) rulemaking responsibilities. Continue Reading California’s Governor Newsom Signs New Privacy Law Clarifying Timeline for CPRA Regulations

A forthcoming Harvard Law Review article reviewed 857 cases that cited Carpenter v. United States, the landmark Supreme Court Fourth Amendment case, from its publication in June 2018 to March 2021. The purpose of this study was to evaluate the landscape of post-Carpenter Fourth Amendment law.

The full text of the article can be found here.

Continue Reading Aftermath of Carpenter: An Empirical Study of Fourth Amendment Law, 2018-2021

During its plenary session on September 27, 2021, the European Data Protection Board (EDPB) announced that it has set up a cookie banner taskforce to handle complaints filed with several European Economic Area supervisory authorities by the entity known as None of Your Business (NOYB). As you may know, on May 31, 2021 NOYB sent written warnings to over 500 companies claiming that their cookie banners did not comply with GDPR. When the companies failed to remediate all violations within 30 days, NOYB filed 422 complaints with 10 supervisory authorities.

Continue Reading EDPB Establishes Cookie Banner Taskforce

On September 21, 2021, the U.S. Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing on Big Data, Big Questions: Implications for Competition and Consumers. This hearing was part of a series of hearings on a bipartisan review of competition issues in America. Senator Klobuchar led the hearing, with Senators Lee, Blumenthal, Hawley, Ossoff, Blackburn, and Cruz contributing questions to the witnesses. The witnesses included representatives from technology companies, an author, and a director of a nonprofit. Continue Reading Takeaways from U.S. Senate Hearing on Big Data, Big Questions: Implications for Competition and Consumers

Guest Author: Jasmine Zhao, a student at Loyola Law School.

On August 20, 2021, the Personal Information Protection Law (PIPL), regarded as China’s GDPR, was signed into law, and will become effective on November 1, 2021. The PIPL supplements China’s Cybersecurity Law and the Data Security Law, expanding China’s legal framework for the protection and regulation of data security and personal information. The PIPL has an extraterritorial scope, imposing broad disclosure, consent, and cross-border transfer obligations on organizations that provide products or services to or analyze activities of people within China.

Continue Reading China’s Stringent Data Law Will Become Effective Soon

Guest Author: Jodi Daniels, Founder and CEO of Red Clover Advisors

Data privacy is one of the most complicated and important issues facing modern businesses. With laws varying from state to state, even country to country, and best practices frequently changing, it may be more efficient for companies to outsource their privacy program to an expert who specializes in consumer data privacy.

Fractional privacy officers (FPOs) provide high-level privacy consulting and strategy on a part-time, contract basis. They deliver invaluable assistance in translating and applying the requirements of new and established data privacy legislation to existing business practices and are fully qualified to develop new processes if needed for compliance.

There are four main areas where an FPO’s privacy prowess can be highly beneficial: Continue Reading Outsource Your Privacy to an Expert

On August 24, 2021, the office of the California Attorney General (AG) Rob Bonta issued a press release notifying the public of healthcare data privacy guidance that AG Bonta sent to stakeholder organizations, including the California Hospital Association, the California Medical Association, and the California Dental Association, that day. According to the press release, the guidance was sent to stakeholders as a bulletin that, in part, reminded the entities of their obligation to notify the California Department of Justice (DOJ) when the health data of more than 500 California residents has been breached.

Continue Reading California AG Issues Press Release Urging “Full Compliance” with State Health Data Privacy Laws