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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: consent

Posted in International/EU Privacy

Italian DPA Publishes Decision on Cookies

On 3 June, Italy’s data protection authority, the Garante, published a general decision on user notice and consent requirements when an organization uses cookies as part of its online services. The decision outlines specific categories of cookies based on their intended uses and the roles played by the entities placing those cookies, and highlights different levels of notice and consent requirements for each. The decision also offers guidelines for providing users with adequate notice through a two-layer privacy notice and outlines the consequences of failing to comply with Italy’s rules on cookies.

Posted in International/EU Privacy

CNIL Adds New Consent Requirement for Use of Credit Card Data

The CNIL, France’s data protection authority, published on 25 February 2014 a new recommendation relating to the collection of credit card information, replacing an older 2003 recommendation. The new recommendation, which represents a de facto standard for online merchants and payment services providers who collect data from French consumers, is more prescriptive than the old, particularly regarding how online merchants should seek consent for the retention of credit card information.

Posted in International/EU Privacy

UK ICO Suggests Preparations for Draft EU Data Protection Regulation

The continued uncertainty around the draft EU Data Protection Regulation presents something of a challenge for data controllers. It’s clear that it could require them to make significant changes to how they handle individuals’ data, but the ongoing fundamental political disagreements make it difficult to predict which changes will make it into the final form of the legislation. So it is interesting to see the recommendations on the UK ICO’s blog on where to start in preparing for reforms, highlighting three areas: consent, breach notification, and privacy by design.

Posted in Consumer Privacy, International/EU Privacy

EU LIBE Committee Adopts EU Data Protection Compromises; Reform Package Set for Parliamentary Vote

The EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) voted on Monday to adopt its report on the draft General Data Protection Regulation and the separate Directive for the law enforcement sector. This vote sets out the Parliament’s position for its negotiations with the Council and Commission (known as the “trialogue” stage). The Committee aims to have a plenary Parliamentary vote in March before the Parliamentary elections.

Posted in Consumer Privacy, International/EU Privacy

EU Parliamentarian Releases “Highlights” of Data Protection Amendments

On October 17, Jan Albrecht, rapporteur to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”), issued a release in which he claims that “Edward Snowden and the PRISM scandal laid the ground” for including a prohibition against telecommunications and Internet companies transferring data to other countries’ governmental authorities unless otherwise permitted by EU law. Albrecht’s release offers 10 points to describe the draft Regulation that LIBE is scheduled to vote upon on October 21. If LIBE adopts the draft, the Parliament, Council, and Commission will begin work on negotiating the final legislation, which parliamentarians hope will be adopted before elections in May 2014.

Posted in Consumer Privacy, Privacy & Security Litigation

Federal Court Certifies Consumer Class Action Alleging comScore Violated Federal Privacy Laws by Exceeding Scope of Users’ Consent

A recent federal court opinion raises concerns that privacy cases alleging violations of a standard user license agreement may be susceptible to class certification.  Last week, the U.S. District Court for the Northern District of Illinois certified a class in a consumer privacy lawsuit against comScore, Inc.   Plaintiffs allege that comScore exceeded the scope of the […]

Posted in Consumer Privacy, International/EU Privacy

European Regulators State that Non-EU Mobile Apps Must Comply with EU Privacy Laws

The European Union’s Article 29 Data Protection Working Party (“WP29“), which consists of the 27 data protection authorities of the European Union Member States, has published its “Opinion on Apps in Smart Devices“, adopted on 27 February 2013 (the “Opinion“). Applicability of EU laws According to WP29, the 1995 Data Protection Directive applies to all […]

Posted in International/EU Privacy

Blogging from Brussels: Key European Officials Discuss Changes to EU Text

Prominent European government officials provided up-to-the-minute perspectives on the proposed European data privacy regulation at this week’s IAPP Europe Data Protection Congress  in Brussels. The officials’ comments — summarized below –indicate how the proposal might evolve for the next steps in the policy process, which include the issuance of the European Parliament’s formal report on […]

Posted in International/EU Privacy

Article 29 Working Party Publishes Opinion on Cookie Consent Exemptions

On 7 June 2012, the Article 29 Data Protection Working Party issued an opinion on cookie consent exemptions. The Directive 2009/136/EC, amending Directive 2002/58/EC, introduced an opt-in regime which requires providers to request that users grant their express consent to the use of cookies, as opposed to the regime under which users are given the opportunity to opt-out. This opinion clarified when opt in consent is needed, and when it is not.

Posted in Consumer Privacy, International/EU Privacy

Article 29 Working Party Rebuffs European OBA Industry… Again

In an opinion adopted on December 8, the EU Article 29 Working Party again rebuffed the Online Behavioral Advertising industry’s self-regulatory proposal, continuing to hold firm that European law requires affirmative, opt-in consent prior to the placement of any cookie for tracking purposes. The Working Party broke down the OBA industry proposal, and then–in a rebuttal of the industry’s contention that the opinion will result in the proliferation of dreaded browser pop-up windows–offered up a number of methods of obtaining consent not involving pop-ups.

Posted in International/EU Privacy

Details of EU Data Protection Reform Reveal Dramatic Proposed Changes

Although the European Commission was expected to release its overhaul of the 1995 Data Protection Directive (95/46/EC) next month, some of the details of those changes emerged earlier than expected this week. In this post, we summarize the many key changes between the Data Protection Directive and the Commission’s draft Data Protection Regulation.

Posted in International/EU Privacy

France Implements EU Requirements for Data Breach Notification, Audits and Cookies Applicable to Electronic Communications Service Providers

On August 26, 2011 France implemented new EU provisions on data breach notifications for electronic communications providers, as well as new provisions requiring prior consent for cookies. The French measure also gives the government power to order security audits for electronic communications providers.

Posted in International/EU Privacy

Article 29 Working Party Guidelines on Consent will Lead to More Pop-ups

Article 29 WP has issued guidelines in which it recommends separate pop-ups and affirmative “check the box” consent options. Consent clauses buried in terms of use are not specific enough to meet European requirements, according to tthe guidelines. Consent requires an affirmative ‘click’ by the consumer. Browser settings alone may not be sufficient, which raises questions under new EU cookie regulations. Details are contained in this blog posting.

Posted in Consumer Privacy

Court Finds NebuAd Users Gave Valid Consent to Monitoring

On December 13, 2010 a Federal District Court in Montana dismissed many of the claims brought against an ISP in connection with the ISP’s use of NebuAd monitoring technology. The court held that users had validly consented to the monitoring technology. The NebuAd case usefully focuses on the issue of user consent, rather than on technological distinctions between ISPs and service providers at the edge.

Posted in International/EU Privacy

EU ePrivacy Directive and Cookies: The Consent Requirement May Not Be as Broad as Believed

As reported in the press, “the Council of the European Union has approved new legislation that would require Web users to consent to Internet cookies.” But it is not quite as clear-cut as that quote suggests. The consent requirement relates cookies that collect personal data — an important qualification — and some cookies appear to fall outside of the consent requirement. We detail the fine points of what has happened in this blog entry.