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Tag Archives for " opinion "

GDPR ushers in civil litigation claims across the EU

The EU General Data Protection Regulation ushered in an enhanced private right of action for violations of the law, both for material or non-material damage.

Plaintiffs can sue for compensation based on the damage suffered. Attorneys say there’s now a significant uptick in cases brought alleging such a grievance has occurred, often as a “follow-on” to data protection authorities’ investigations. And depending on any given judge’s sympathy for plaintiffs alleging data misuse, as well as how sizable the class is, the cost to organizations could be significant.

Full article: GDPR ushers in civil litigation claims across the EU

Advocate General delivers opinion on GDPR consent

On March 4, 2020, Advocate General Szpunar (“AG”) delivered his opinion in the case C-61/19 Orange România SA v Autoritatea Naţională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP).

The AG concluded that a printed telecommunication contract stating that customers consent to the processing of a copy of their identification card does not meet the strict requirements for consent of the GDPR, even if the customers are orally informed that they can refuse their consent by writing this by hand on the contract.

Source: Advocate General delivers opinion on GDPR consent

What Facebook’s $550M settlement teaches us about the future of facial recognition

In January, plaintiffs and Facebook reached the largest privacy settlement in U.S. history. Facebook agreed to settle for $550 million for violations of the Illinois Biometric Information Privacy Act.

This settlement will have far-reaching implications for all businesses using biometric identification techniques, such as facial recognition. California, Texas, Arkansas, New York and Washington all have some form of state law that regulates biometric privacy, and more states are working on legislation.

Full article: What Facebook’s $550M settlement teaches us about the future of facial recognition

Mobile Device IDs Will Be The Next Ad Tracker To Bite The Dust

Neither Apple nor Google – which is fresh off announcing its plan to kill third-party cookies in Chrome less than two years from now – has taken concrete steps to eliminate their respective device IDs as of yet, but the app ecosystem should be preparing for that eventuality.

Device IDs have proven not to be the privacy-preserving solutions they were meant to be, and now it’s time for another change.

Read full article: Mobile Device IDs Will Be The Next Ad Tracker To Bite The Dust

Microsoft CEO at Davos: Data privacy must be thought of as a human right

Microsoft CEO Satya Nadella said on Thursday that data privacy at an individual level needs to be thought of as a human right, and pointed to the European Union’s GDPR regulation as a model for the rest of the world.

Data privacy has to be protected and companies need to be “transparent” about it, he said, speaking during an interview at the World Economic Forum in Davos.

Full article: Microsoft CEO at Davos: Data privacy must be thought of as a human right

The Future of UK Data Protection

As with anything Brexit-related, the UK government is facing a dilemma in relation to data protection law.

Shall we follow the direction of travel of the past 25 years and opt for the continuity and certainty provided by the GDPR or shall we use the departure from the EU to make radical changes to the regulation of data uses and privacy?

Read full article: The Future of UK Data Protection

Reflecting on APAC Data Protection and Cyber-security Highlights for 2019 (and what lies ahead!)

2019 saw continued growth and change in data protection and cyber-security across the Asia-Pacific. Following the implementation of the GDPR in May, 2018, many jurisdictions moved to review and strengthen existing data privacy and cyber-security laws.

In addition, 2019 saw regulators publishing findings in respect of some of the largest data incidents of 2018. We have set out below the key highlights of the year and what to look out for in 2020.

Full article: Reflecting on APAC Data Protection and Cyber-security Highlights for 2019 (and what lies ahead!)

Ubiquitous Surveillance Cameras Are Changing Our Understanding of Human Behavior

Surveillance footage is providing new insights into how humans interact in public. But should scientists be able to see it?

Watchdogs like Tony Porter, the U.K.’s surveillance camera commissioner, warn that governments’ increasing ability to watch everything all the time will lead to both predictable and unforeseen invasions of privacy.

Full article: Ubiquitous Surveillance Cameras Are Changing Our Understanding of Human Behavior – VICE

What we’ve learned from California’s Consumer Privacy Act so far

Though CCPA went into force Jan.1, some of the law’s implications are already becoming clear.

First, privacy is not cheap. CCPA delegates rule-making authority (as well as enforcement) to the California Department of Justice.

The second lesson is that privacy laws are prolix. CCPA runs about 10,000 words. That virtually demands that businesses retain dedicated CCPA specialists to advise them — their own readings and the advice of non-specialist lawyers won’t cut it.

Finally, state heterogeneity in privacy law is now inevitable. Some states introduced their own clone-and-revise versions of CCPA in 2019, but none passed. A number of state legislatures will likely restart the CCPA clone-and-revise process in 2020.

Full article: What we’ve learned from California’s Consumer Privacy Act so far | TheHill

The 5 Biggest Cybersecurity Trends In 2020 Everyone Should Know About

More and more of our vital infrastructure is coming online and vulnerable to digital attacks, data breaches involving the leak of personal information are becoming more frequent and bigger, and there’s an increasing awareness of political interference and state-sanctioned cyberattacks.

Here’s what will be top of the agenda when it comes to cybersecurity over the coming year:

  1. Artificial intelligence (AI) will play an increasing role in both cyber-attack and defense
  2. Political and economic divisions between east and west lead to increased security threats
  3. Political interference increasingly common and increasingly sophisticated
  4. The cybersecurity skills gap continues to grow
  5. Vehicle hacking and data theft increases

Full article: The 5 Biggest Cybersecurity Trends In 2020 Everyone Should Know About

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