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

Tag Archives: enforcement

Posted in Consumer Privacy

California AG Submits CCPA Regulations for Approval – Requests Expedited Review Ahead of July 1 Enforcement Deadline

On June 1, The California Attorney General submitted the final text of the CCPA regulations to the California Office of Administrative Law for approval. Though regulations submitted to the OAL in June ordinarily would not become effective—if approved—until October 1, the CA AG has requested an expedited review. According to the CA AG, the expedited review would allow the regulations to become effective by July 1, which still is the date his office plans to begin enforcing the CCPA according to a public statement.

Posted in International/EU Privacy

Brazil Update: Congress Sends Bill Delaying LGPD Sanctions but not Effective Date to President

As previously reported, Brazilian lawmakers have been debating a delay to the LGPD, which was scheduled to come into effect August 15, 2020, in response to COVID-19. The Brazilian Senate first passed Bill 1,179/2020, and Brazil’s President later enacted Provisional Measure 959. On May 19, 2020, the Brazilian Congress sent to the President’s desk an amended Bill 1,179/2020 that would maintain the LGPD’s August 15, 2020 effective date but would delay administrative sanctions until August 1, 2021. However, if approved, the Final Bill would still allow the LGPD’s requirements to be enforced through other means.

Posted in Consumer Privacy

California Privacy Compliance Obligations May Soon Change Under CPRA Ballot Initiative

The California Privacy Rights Act is progressing through California’s elections process for inclusion on the November 2020 ballot. Businesses may want to begin considering how their data privacy obligations in California may change if voters enact CPRA. The CPRA would significantly amend the CCPA. Included in this blog post is a summary of key additions and modifications to the CCPA’s existing obligations.

Posted in Consumer Privacy

CCPA Regulations Still Not Final as Enforcement Deadline Approaches; CPRA Appears to Move Forward

Businesses spent the latter months of 2019 working hard to prepare for the January 1, 2020 implementation of the California Consumer Privacy Act. Months later, those businesses still are uncertain of their full range of potential compliance obligations because the California Attorney General’s CCPA implementing regulations are still not final. As businesses refine their CCPA compliance programs, they should also be aware that privacy rules in California could again change before the end of this year if the California Privacy Rights Act ballot initiative is approved by voters. Both the regulations and the CPRA are subject to complicated administrative processes that could affect their adoption and implementation, as described in this post.

Posted in International/EU Privacy

Recent Developments on Cookies – a Pan-European Overview

In the last few months, there have been interesting developments concerning the use of cookies. Upon investigating 175 websites, the Dutch DPA concluded that half of those websites did not comply with cookie requirements. The Bavarian DPA initiated a similar investigation and the Spanish DPA has issued two fines for not complying with cookie requirements. In addition to these investigations and fines, various DPAs have published guidelines with very different interpretations. Cookie compliance seems to have become a high priority for DPAs. In this blog post, we help navigate through the EU cookie landscape by focusing on how European DPAs are approaching cookie consent and transparency in light of the Planet49 decision.

Posted in News & Events

Webinar Invitation — California Consumer Privacy Act (CCPA) Update

Please Join us on Thursday, November 14 for a webinar discussion with Hogan Lovells Privacy and Cybersecurity partners Mark Brennan and Tim Tobin of how changes to the California Consumer Privacy Act (CCPA) enacted over the past year and the California Attorney General’s proposed regulations may impact your CCPA compliance efforts.

Posted in Consumer Privacy

IAB Soliciting Comments on Draft Compliance Framework for Programmatic Advertising under the CCPA

On October 22, the Interactive Advertising Bureau, a media and marketing industry trade group, released for public comment the California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies and accompanying technical specifications to implement the Framework. The draft Framework is designed to help Framework participants (including publishers and intermediaries) comply with the California Consumer Privacy Act by: (1) establishing a digital signal that Framework participants can use to communicate consumer requests to opt out of “sales” of personal information associated with digital advertising; and (2) supporting that signal with a standard contract designed to create service provider relationships between publishers and advertising companies after a consumer registers an opt out. The IAB is requesting comments, which can be sent to privacy@iab.com, by November 5, 2019.

Posted in Health Privacy/HIPAA

OCR Provides Insight into Enforcement Priorities and Breach Trends

Regulators, industry experts, and researchers provided insight into health privacy and security enforcement trends, emerging threats, and new tools at a recent conference focused on HIPAA. Moving into 2020, organizations with health data should be aware of: Shifting OCR enforcement priorities, regulators’ continued attention to key HIPAA compliance activities, the changing threat landscape for health data, and new guidance and frameworks for health data not regulated by HIPAA.

Posted in News & Events

All-Day Workshop: Privacy and Cybersecurity KnowledgeShare (Agenda & Speakers Announced)

Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London. We will share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops.

Posted in Consumer Privacy

Ill-Suited: Private Rights of Action and Privacy Claims

The U.S. Chamber of Commerce Institute for Legal Reform has published “Ill-Suited: Private Rights of Action and Privacy Claims,” a white paper authored by Hogan Lovells’ Mark W. Brennan, Alicia Paller, Adam Cooke, and Joseph Cavanaugh explaining why private litigation is a poor enforcement tool for privacy laws. As detailed in the paper, when it comes to privacy interests, “harms” are largely inchoate and intangible, and the wrongdoers are often unknown or unidentifiable. Even where class members may have suffered a concrete injury, the data indicates that they are unlikely to receive material compensatory or injunctive relief through private litigation. Meanwhile, plaintiffs’ counsel often walks away with millions of dollars, court dockets are unduly cluttered, and companies are forced to expend resources on baseless litigation.

Posted in News & Events

All-Day Workshop: Privacy and Cybersecurity KnowledgeShare

Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London. We will share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops.

Posted in International/EU Privacy

The UK ICO’s Regulatory Sandbox Points to a Future of Pro-Active Engagement

As companies continue to grapple with interpreting how the GDPR’s principles apply to their own businesses, in particular contexts, there is a growing need for data protection regulators to provide clarity on the practical application of the regulation. In the UK, the Information Commissioner has recently taken steps to address these concerns through the announcement of a ‘Regulatory Sandbox’.

Posted in Cybersecurity & Data Breaches, International/EU Privacy

Time to Take Notice: ICO to Impose Record Fine for Data Security Breach

On 8 July 2019, the UK data protection authority issued a notice of its intention to fine British Airways GBP 183.39 million (approx. USD 229.46 million) for infringements of the General Data Protection Regulation. The proposed fine relates to a data breach in which personal data of approximately 500,000 customers were compromised.

Posted in International/EU Privacy

New Bill Imposing Increased Fines for Violations of Russian Data Protection Laws Under Consideration

On June 13, 2019, a new draft bill imposing multi-million ruble fines for infringing Russian data localization and information security laws—multiplying the maximum penalty under current law by a magnitude of 240—was submitted to the State Duma (the lower chamber of Russian Parliament). This would supplement existing fines, which we reported were previously increased in 2017.

Posted in International/EU Privacy

The Cathay Pacific Breach: Is Data Protection and Cyber Security Law in Hong Kong About to Receive an Upgrade?

On 6 June, 2019, the Privacy Commissioner for Personal Data issued an enforcement notice against Cathay Pacific Airways (and its affiliate Hong Kong Dragon Airlines) (together, “Cathay Pacific”) in respect of a data breach concerning unauthorized access to the personal data of some 9.4 million Cathay Pacific customers.

Posted in International/EU Privacy

GDPR – The Work Ahead

The sky has not fallen. The Internet has not stopped working. The multi-million euro fines have not happened (yet). It was always going to be this way. A year has gone by since the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) became effective and the digital economy is still going and growing. The effect of the GDPR has been noticeable, but in a subtle sort of way. However, it would be hugely mistaken to think that the GDPR was just a fad or a failed attempt at helping privacy and data protection survive the 21st century. The true effect of the GDPR has yet to be felt as the work to overcome its regulatory challenges has barely begun. So what are the important areas of focus to achieve GDPR compliance?

Posted in International/EU Privacy

EDPB Joins the Dots of ePrivacy and GDPR

On 12 March 2019 at its Eighth Plenary Session, the European Data Protection Board adopted its Opinion 5/2019 on the interplay between the ePrivacy Directive and the General Data Protection Regulation. The Belgian Data Protection Authority had, on 3 December 2018, requested that the EDPB examine the overlap between the two laws and in particular the competence, tasks, and powers of data protection authorities. The EDPB adopted its Opinion in response to this request and in order to promote the consistent interpretation of the boundaries of the competences, tasks, and powers of DPAs.

Posted in International/EU Privacy

Vietnam Quick to Enforce New Cybersecurity Law

Vietnam’s new Law on Cybersecurity has garnered much attention due to its sweeping attempt to regulate online content available to internet users in Vietnam. Among its more controversial provisions are the requirements that both foreign and domestic online service providers store personal data of Vietnamese end-users in Vietnam, surrender such data to Vietnamese government authorities upon request, and supervise user posts to remove “prohibited” content (defined to include content viewed as disparaging of the Vietnamese government and/or government officials or state agencies). The law also requires offshore service providers to open branches or representative offices in Vietnam, presumably to facilitate enforcement of the Cybersecurity Law against them.

Posted in Consumer Privacy

FTC Obtains Record COPPA Settlement

On February 27, 2019, the Federal Trade Commission (“FTC”) announced that it settled with the operators of a video social networking app for a record civil penalty of $5.7 million under the Children’s Online Privacy Protection Act (“COPPA”). This FTC COPPA action was notable not just for the size of the penalty, but also because of the joint statement by the two Democratic Commissioners, Rebecca Slaughter and Rohit Chopra, that future FTC enforcement should seek to hold corporate officers and directors accountable for violations of consumer protection law.

Posted in International/EU Privacy

GDPR Enforcement Update: Increasing Fines Expected from German DPAs

Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. Now that the dust of the immediate GDPR compliance rush is settling, the first details of fines imposed under the GDPR and the number of cases pending with Data Protection Authorities (DPAs) in Europe are being made public. In Germany, DPAs are investigating a broad range of non-compliance issues and showing a tendency toward increasing their enforcement activities, to the point that we expect an announcement of increasing GDPR sanctions and fines in Germany in the near future.

Posted in Consumer Privacy

California Consumer Privacy Act: The Challenge Ahead – The CCPA’s Anti-Discrimination Clause

One of the most controversial elements of the California Consumer Privacy Act (“CCPA”) is the establishment of an “anti-discrimination” right – businesses may not “discriminate” against consumers for exercising certain rights under the CCPA, and they will need to assess whether and how they can require consumers to accept certain data practices as a condition of service.  Compliance would be challenging even if the provision were articulated clearly, but as we have discussed in this blog series, the accelerated drafting process and passage of the CCPA earlier this year left little time for public comment and responsive amendments.  As a result, the law includes a series of ambiguities that complicate compliance, and nowhere is that more apparent than in the anti-discrimination provision.

This entry in Hogan Lovells’ ongoing series on the CCPA focuses on the law’s anti-discrimination clause, its ambiguities and potentially contradictory provisions, and impact on businesses.

Posted in International/EU Privacy

DP Impact Assessments: EDPB Differs Slightly from ICO Position

The European Data Protection Board (EDPB) has recently published its Opinion on the (United Kingdom) Information Commissioner’s list of processing activities which would require a Data Protection Impact Assessment under the GDPR. In its Opinion, the EDPB appears to be moving away from the idea that processing of genetic or location data, on its own, might be enough to trigger the mandatory DPIA requirements of the GDPR. This news will perhaps come as a relief to organi­sations currently struggling to come to grips with the “new” DPIA process and the resources and time that it demands. But, should we be surprised by the EDPB’s Opinion and will it have a significant impact in practice on the way organisations consider and conduct DPIAs?