Privacy & Information Security Law Blog

On November 5, 2019, Representatives Anna G. Eshoo (CA) and Zoe Lofgren (CA) introduced the Online Privacy Act (the “Act”), which proposes sweeping legislation that would create federal privacy rights for individuals, require companies to adhere to data minimization and establish a federal Digital Privacy Agency (“DPA”).

On November 5, 2019, the Berlin Commissioner for Data Protection and Freedom of Information (“the Berlin Commissioner,” Berliner Beauftragte für Datenschutz und Informationsfreiheit) announced that it had imposed a fine of €14.5 million (approximately $16 million) on Deutsche Wohnen SE, a prominent real estate company. This is the highest fine issued in Germany since the EU General Data Protection Regulation (“GDPR”) became applicable.

On October 30, 2019, Facebook reached a settlement with the UK Information Commissioner’s Office (“ICO”) under which it agreed to pay (without admission of liability) the £500,000 fine imposed by the ICO in 2018 in relation to the processing and sharing of its users’ personal data with Cambridge Analytica.

On November 19, 2019, Hunton Andrews Kurth will host an in-person breakfast briefing in the firm’s London office to explore the California Consumer Privacy Act (“CCPA”), against the backdrop of the EU General Data Protection Regulation (“GDPR”).

In the seminar, we will discuss:

• The CCPA in the context of the GDPR, covering the similarities and differences between the frameworks
•  Key CCPA obligations
• The CCPA’s approach to enforcement and penalties
• How businesses are approaching CCPA compliance, and leveraging their GDPR work

The event will be led by Hunton partners ...

On October 21, 2019, the Federal Trade Commission took action against two companies alleged to have engaged in the business of false online reviews and social media influence. In the first case, the FTC entered into a consent decree with cosmetics marketer Sunday Riley, LLC, and the company’s owner, who sell products at Sephora stores and online at Sephora.com. According to the FTC’s complaint, disguised as ordinary consumers, Sunday Riley employees and Ms. Riley herself posted fake 5-star reviews of the company’s products on Sephora’s website. Under the terms of the FTC’s agreement, the company and its principal are barred from posting fake reviews, must clearly identify endorsers, and must instruct staff on their disclosure obligations. The FTC vote on the action was 3-2, with Commissioners Chopra and Slaughter dissenting on the grounds that the settlement did not include a monetary payment or an admission of guilt.

On October 22, 2019, the French Data Protection Authority (the “CNIL”) published a list of processing operations (in French) that it considers not requiring a data protection impact assessment (“DPIA”). The CNIL had previously adopted and published a final list of processing operations requiring a DPIA on November 6, 2018. The final list includes 12 types of processing operations for which a DPIA is not considered mandatory. The CNIL provided concrete examples for each type of processing operation, including:

On October 22, 2019, the Federal Trade Commission announced that, for the first time, it has brought a case against a developer of “Stalking” Apps. The agency alleges that Retina-X Studios, and its owner, James N. Johns, Jr., developed and marketed three apps that allowed purchasers to surreptitiously monitor the movements and online activities of users of devices on which the apps were installed without the knowledge or permission of the device’s user. The FTC also alleges that the app developer took steps to ensure that a device user would not be aware that the app had been installed, bypassing mobile device manufacturers’ security restrictions and leaving the device vulnerable to cybersecurity risks. The apps were marketed as tools for monitoring the behavior of employees and children. The FTC further alleges that the app developer issued policies that made inaccurate representations regarding the security of their online systems, which were recently found to have been hacked twice during earlier incidents.

Hunton Andrews Kurth LLP announced today that former Virginia Gov. Terry McAuliffe has joined the firm as global strategy advisor at the Centre for Information Policy Leadership (“CIPL”), the firm’s global privacy and cybersecurity think tank.

On October 4, 2019, the Presidency of the European Council published its revised text (the “Revised Draft”) of 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 Revised Draft was released in preparation for the Working Party on Telecommunications and Information Society’s meeting, which took place on October 11, 2019 (the “WP Tele”) and introduces limited amendments compared to the draft amendments proposed by the Presidency of the European Council last month.

On October 11, 2019, California Governor Gavin Newsom signed into law AB 1130, which expands the types of personal information covered by California’s breach notification law to include, when compromised in combination with an individual’s name: (1) additional government identifiers, such as tax identification number, passport number, military identification number, or other unique identification number issued on a government document commonly used to verify the identity of a specific individual; and (2) biometric data generated from measurements or technical analysis of human body characteristics (e.g., fingerprint, retina, or iris image) used to authenticate a specific individual. Biometric data does not include a physical or digital photograph unless used or stored for facial recognition purposes.