Privacy & Information Security Law Blog

On January 11, 2023, the Belgian Data Protection Authority (“Belgian DPA”) announced that it has approved the Interactive Advertising Bureau Europe’s (“IAB Europe”) action plan with respect to its Transparency and Consent Framework (“TCF”).

On January 10, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth LLP and Cisco’s Privacy Center of Excellence published a joint report on “Business Benefits of Investing in Data Privacy Management Programs” (the “Report”). The Report provides insights into how several leading global companies realize value from privacy management programs and demonstrates that organizations are experiencing a wide range of risk and compliance benefits as well as other tangible benefits from investing time, money, effort and other resources into building their privacy programs.

On December 29, 2022, the French Data Protection Authority (the “CNIL”) announced that it imposed an €8,000,000 fine on Apple for violations of the French rules on targeted advertising and the use of cookies and similar tracking technologies.

On December 31, 2022, Baltimore’s ordinance banning the private sector’s use of facial recognition technology expired. The ordinance, which was enacted in 2021, banned private entities and individuals within the city limits from using facial recognition technology, including obtaining, retaining, accessing or using a “face surveillance system” or any information obtained from such system. The Baltimore ordinance followed a similar ban on the use of facial recognition technology by private sector companies in Portland, Oregon, enacted in 2020. New York City also passed an ordinance in 2021 regulating commercial establishments’ use of biometric technology.

On December 21, 2022, the Colorado Attorney General published an updated version of the draft rules to the Colorado Privacy Act (“CPA”). The draft, which follows the first iteration of the proposed rules published on October 10, 2022, solicits comments on five topics: (1) new and revised definitions; (2) the use of IP addresses to verify consumer requests; (3) a proposed universal opt-out mechanism; (4) streamlining the privacy policy requirements; and (5) bona fide loyalty programs.

On December 20, 2022, a former employee in Illinois brought a class action suit against Five Guys Enterprises, LLC (“Five Guys”), a burger chain, alleging that Five Guys violated the Illinois Biometric Information Privacy Act (“BIPA”). 

On December 20, 2022, the English High Court has granted the victim of a cyber attack a permanent injunction against cyber attackers whilst the victim organization maintains its anonymity. Generally, a claimant's identity is public in English court proceedings. Injunctions can be made against unknown and unidentifiable defendants enabling them to be granted against individuals who are acting in breach or threatening to commit a breach. 

On December 19, 2022, the Federal Trade Commission announced two settlements, amounting to $520 million, with Epic Games, Inc. in connection with alleged violations of the Children’s Online Privacy Protection Act Rule (the “COPPA Rule”) and alleged use of “dark patterns” relating to in-game purchases.

On December 16, 2022, the California Privacy Protection Agency (“CPPA”) Board held a public meeting regarding the status of the California Privacy Rights Act of 2020 (“CPRA”) rulemaking process and other topics, such as the CPPA’s advocacy regarding proposed federal and state privacy legislation.

On December 1, 2022, the Office for Civil Rights at the U.S. Department of Health and Human Services (“HHS”) released a Bulletin on the obligations of HIPAA covered entities and business associates under the HIPAA Privacy, Security, and Breach Notification Rules when using online tracking technologies.