Privacy & Information Security Law Blog

On May 25 and May 26, 2020 respectively, the Belgian Data Protection Authority (the “Belgian DPA”) published two opinions on draft laws introducing COVID-19-related tracking initiatives: (1) the Opinion 42/2020 on the draft law for the creation of a database by Sciensano, a public health institution (“Opinion 42/2020”), and (2) the Opinion 43/2020 on the draft law for the use of contact tracing apps to fight the spread of COVID-19 (“Opinion 43/2020”).

The implementation of Thailand’s Personal Data Protection Act B.E. 2562 (A.D. 2019) (the “PDPA”) has been delayed until May 31, 2021.

The COVID-19 outbreak has created unprecedented operational and legal challenges for businesses across the globe. As businesses continue to navigate uncertainties during the pandemic, they are turning to guidance issued by EU data protection authorities on a number of important privacy concerns. Join us on June 23, 2020, for an in-depth webinar on Addressing Key GDPR Issues During COVID-19 as we discuss some of these privacy concerns.

On May 19, 2020, the Belgian Data Protection Authority (the “Belgian DPA”) announced that the Litigation Chamber had imposed a €50,000 fine on a social media provider for unlawful processing of personal data in connection with the “invite-a-friend” function offered on its platform.

We previously posted about the Tapplock, Inc. (“Tapplock”) settlement with the Federal Trade Commission (“FTC”) over allegations that the company violated Section 5 of the FTC Act by falsely claiming that its “smart locks” were secure. Earlier this month, the FTC voted 5-0 to approve the settlement.

On the second anniversary of the EU General Data Protection Regulation (the “GDPR”), the Belgian Data Protection Authority (the “Belgian DPA”) published a Statement with some key GDPR-related numbers (the “Statement”).

On May 18, 2020, the European Data Protection Board (“EDPB”) released its Annual Report (the “Report”) providing details of the EDPB’s work in 2019. This included publication of guidelines, binding decisions and general guidance on the interpretation of EU data protection law.

On May 19, 2020, the Federal Trade Commission (“FTC”) announced that it reached an agreement with Swiss digital game developer Miniclip, S.A. (“Miniclip”) to settle allegations that Miniclip misled consumers about its membership in a COPPA safe harbor program.

On May 14, 2020 Democrats in both the House and Senate introduced the Public Health Emergency Privacy Act (“the Act”). In the House, the Act was sponsored by Representatives Jan Schakowsky (IL), Anna Eshoo (CA) and Suzan DelBene (WA), and in the Senate was sponsored by Senators Richard Blumenthal (CT) and Mark Warner (VA). Similar to the recently-introduced COVID-19 Consumer Data Protection Act of 2020, the Act would put temporary rules in place regarding the collection, use and disclosure of emergency health data used to combat the spread of the coronavirus. The rules imposed by the Act would only apply during the course of the Public Health Emergency as declared by the Secretary of Health and Human Services (“HHS”) and would only apply to specific uses of certain personal data.

The Court of Justice of the European Union (“CJEU”) has announced via its Twitter feed that it will deliver its judgement in the Schrems II case (case C-311/18) on July 16, 2020. This judgement will determine the validity of the Standard Contractual Clauses (“SCCs” or Model Clauses) as a transfer mechanism under the General Data Protection Regulation (“GDPR”). SCCs are relied on by many global companies, including Facebook and Microsoft, for international transfers of EU personal data.

Pakistan’s Ministry of Information Technology and Telecommunication recently introduced a new draft of Pakistan’s Personal Data Protection Bill, 2020 (the “Bill”) and launched a public consultation regarding the same. The public consultation period will end on May 15, 2020. The Bill, which applies to “any person who processes” or “has control over or authorizes the processing of” any personal data, if the data subject, the controller or processor are located in Pakistan, would establish certain requirements and restrictions related to the processing of personal data, as well as penalties for violating the law. In addition, under the Bill, the federal government would, within six months of coming into force, establish a Personal Data Protection Authority of Pakistan with rulemaking authority to enforce the act.

In a “Ten Years Hence” speaker series hosted by the University of Notre Dame, Lisa Sotto, Chair of Hunton Andrews Kurth’s global Privacy and Cybersecurity practice, highlights why privacy and cybersecurity will remain relevant issues now and for decades to come in a lecture on Privacy and Cybersecurity: The New Frontier.

The Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) recently imposed a €750,000 fine on a company for unlawful processing of employees’ fingerprints for attendance taking and time registration purposes.

On May 7, 2020, the French Data Protection Authority (the “CNIL”) updated its previous guidance for employers relating to the processing of employee and visitor personal data in the context of the COVID-19 outbreak, in particular, in the context of lifting containment measures (the “Updated Guidance”). Some employers may consider implementing systematic body temperature checks at the entrance to their premises. Similarly, employers may wish to assess employees’ exposure to the virus or their health statuses when they return to work. The Updated Guidance analyzes some of these practices and outlines the principles applicable to data processing activities.

Join us on May 19, 2020, for an in-depth webinar on the Key Privacy Considerations for Reopening Businesses in the EU. Our featured speakers, Hunton Brussels lawyers Claire François and Laura Léonard, will highlight key data protection issues that arise in connection with the measures employers may take to limit or prevent the spread of COVID-19, including:

• The types of health information that may be collected from employees and visitors;
• Measures to consider when processing that information; and
• Whether and how to conduct temperature checks.

Update: View the recording of this ...

On May 6, 2020, the European Data Protection Board (the “EDPB”) published its Guidelines 05/2020 (the “EDPB Guidelines”) on consent under the EU General Data Protection Regulation (the “GDPR”). The EDPB Guidelines are a slightly updated version of the Article 29 Working Party’s Guidelines on consent under the GDPR (the WP29 Guidelines), which were adopted in April 2018 and endorsed by the EDPB in its first Plenary meeting.

On May 1, 2020, the White House issued an executive order on securing the United States bulk-power system (the “Order”), finding that foreign adversaries are creating and exploiting vulnerabilities in the U.S. bulk-power system (“BPS") and determining that unrestricted foreign supply of BPS equipment constitutes an “unusual and extraordinary threat” to national security. The Order imposes restrictions on certain transactions involving BPS equipment in which foreign adversaries of the United States have an interest.

On April 28, 2020, the Litigation Chamber of the Belgian Data Protection Authority (the “Belgian DPA”) imposed a €50,000 fine on a company for non-compliance with the requirements under the General Data Protection Regulation (“GDPR”) related to the appointment of a data protection officer (“DPO”).

In the final segment of an S4x20 video on Cybersecurity Law and Governance, Lisa Sotto, Chair of Hunton Andrews Kurth’s Privacy and Cybersecurity practice, explains what effective cybersecurity oversight looks like for a company board of directors. While boards may have paid lip service to cyber risk a decade ago, they moved the issue to the top of their radar screen in the wake of CEO terminations resulting from cyber attacks. Sotto addresses responsible oversight by boards and offers best practice recommendations for preparedness efforts. She warns that boards that ignore ...

On April 28, 2020, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the European Commission’s consultation on its roadmap for the two-year evaluation of the EU General Data Protection Regulation (“GDPR”) (the “Response”).

On May 4, 2020, Californians for Consumer Privacy (the group behind the ballot initiative that inspired the California Consumer Privacy Act of 2018 (“CCPA”)) announced that it had collected over 900,000 signatures to qualify the California Privacy Rights Act (“CPRA”) for the November 2020 ballot. The group announced that it was taking steps to submit the CPRA for inclusion on the November ballot in counties across California. The CPRA would amend the CCPA to create new and additional privacy rights and obligations in California, including the following:

On April 30, 2020, the French Data Protection Authority (the “CNIL”) published guidance on the extraction of web users’ personal data from online public spaces by web scraping tools and re-use of such data for direct marketing (the “Guidance”). The Guidance was issued following inspections carried out by the CNIL in 2019.

As part of its regulatory review of the Gramm-Leach-Bliley Act (“GLB”) Safeguards Rule, the Federal Trade Commission will hold a workshop, Information Security and Financial Institutions: An FTC Workshop to Examine the Safeguards Rule. The workshop, originally scheduled for May, has been postponed until July 13, 2020.

On April 25, 2020, the Philippines National Privacy Commission (“NPC”) issued a statement that it is investigating several breach notifications it has received relating to the unauthorized disclosure of sensitive personal information of confirmed and suspected COVID-19 patients (the “Statement”).

On April 30, 2020, Senator Roger Wicker (MS), Chairman of the Senate Commerce Committee, along with Senators John Thune (SD), Jerry Moran (KS) and Marsha Blackburn (TN), announced plans to introduce the COVID-19 Consumer Data Protection Act of 2020 (“the bill”), which would put temporary rules in place regarding the collection, processing and transfer of data used to combat the spread of the coronavirus. The bill would only apply during the course of the COVID-19 Public Health Emergency as declared by the Secretary of Health and Human Services, and would only apply to specific uses of certain personal data.