Privacy & Information Security Law Blog

On September 9, 2019, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) published a report on the privacy complaints it received between January 2019 and June 2019 (the “Report”).

Ecuador is seeking to pass a data protection bill in the wake of a massive data breach that resulted in the personal data of up to 20 million people being made available online. According to reports, the bill draws on the EU General Data Protection Regulation (“GDPR”) in certain ways—for example, as relates to international data transfers—but diverges in other respects. The data protection bill headed to Ecuador’s national assembly today.

On September 18, 2019, the Presidency of the European Council published its proposed amendments to the Proposal for a Regulation Concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications (the “Draft ePrivacy Regulation”). The Draft ePrivacy Regulation will replace the ePrivacy Directive and will complete the EU’s framework for data protection and confidentiality of electronic communications.

On September 10, 2019, the French data protection authority (the “CNIL”) updated its existing set of questions and answers (“FAQs”) on the impact of a no-deal Brexit on data transfers from the EU to the UK and how controllers should prepare.

On September 6, 2019, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP submitted formal comments to the European Data Protection Board (the “EDPB”) on its draft guidelines on processing of personal data through video devices (the “Guidelines”). The Guidelines were adopted on July 10, 2019, for public consultation.

California marked the end of the 2019 legislative session this past Friday, September 13, by passing five out of six pending bills to amend the California Consumer Privacy Act of 2018 (“CCPA”). The bills – AB-25, AB-874, AB-1146, AB-1355 and AB-1564 – now head to California Governor Newsom’s desk for signature, which must occur by October 13 for the bills to be signed into law. The only pending bill not to pass was AB-846, which would have addressed the law’s application to customer loyalty programs; it was ordered to the inactive file at the request of Senator Jackson.

On September 6, 2019, the National Institute of Standards and Technology (“NIST”) released a preliminary draft of its Privacy Framework: A Tool for Improving Privacy Through Enterprise Risk Management (“Privacy Framework”).

There are six bills pending before the California legislature that would amend the California Consumer Privacy Act of 2018 (“CCPA”). These bills could significantly alter the law’s application and associated compliance obligations, including with respect to HR data, B2B customer data, loyalty programs and the definition of “personal information.” As of September 12, three bills have passed out of the California Senate and are pending before the Assembly for a concurring vote: AB 874, AB 1146 and AB 1564. The California legislature must vote on all pending CCPA ...

The Cayman Islands Data Protection Law, 2017 (“DPL”), which was published in June 2017, will go into force on September 30, 2019. The DPL includes requirements for the protection of personal data and is centered upon eight data protection principles. According to the newly minted Cayman Islands data protection authority, the DPL aligns the Cayman Islands with other major jurisdictions around the world. It includes many concepts that exist in other comprehensive data protection laws, such as the EU General Data Protection Regulation. For example, the DPL includes personal data processing limitations, individual data subject rights, data breach notification obligations and cross-border transfer restrictions.

On September 4, 2019, the High Court of England and Wales dismissed a challenge to South Wales Police’s use of Automated Facial Recognition technology (“AFR”). The Court determined that the police’s use of AFR had been necessary and proportionate to achieve their statutory obligations.