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The Austrian data protection authority recently published a decision finding that the use of Google Analytics cookies violates both Chapter V of the GDPR, which establishes the rules on international data transfers, and the Schrems II judgment of the Court of Justice of the European Union.…
Continue Reading Austrian DPA Finds Data Transfers Resulting from Analytics Cookie Use to Be in Violation of GDPR Data Transfer Requirements

Earlier this month, the Federal Trade Commission reached a $1.5 million settlement with loan application company ITMedia Solutions LLC over alleged violations of the FTC Act and Fair Credit Reporting Act. The FTC alleged that ITMedia deceptively acquired and indiscriminately shared consumers’ sensitive personal information under the guise of connecting them with lenders.…
Continue Reading FTC Settles with Loan Application Company Over Alleged Misuse of Sensitive Personal Information

On December 27, 2021, the Federal Trade Commission sought public comment on a petition filed by Accountable Tech calling on the FTC to use its rulemaking authority to prohibit “surveillance advertising” as an “unfair method of competition.”…
Continue Reading FTC Seeks Comments on Accountable Tech’s Petition for Rulemaking to Prohibit Surveillance Advertising

On December 20, 2021, the UK Information Commissioner’s Office (“ICO”) launched a public consultation on its regulatory approach. The consultation involves three separate documents – the ICO’s Regulatory Action Policy (“RAP”), Statutory Guidance on the ICO’s Regulatory Action, and Statutory Guidance on the ICO’s PECR Powers. The RAP sets forth the ICO’s risk-based approach to regulatory action and explains the factors the ICO considers before taking regulatory action, how the ICO works with other regulators, and enforces the legislation for which it is responsible. Together, the three documents illustrate how the ICO aims to enforce information rights for data subjects in the UK.
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Continue Reading UK ICO Consults on Regulatory Action Policy

Earlier this month, the New Jersey Acting Attorney General Andrew Bruck announced that its Division of Consumer Affairs had reached a $425,000 settlement with three New Jersey-based providers of cancer care over alleged failures to adequately safeguard patient data.…
Continue Reading NJ Acting Attorney General Announces $425,000 Fine to Settle Breach Investigation

On December 15, 2021, the Federal Trade Commission announced a $2 million settlement with OpenX Technologies in connection with alleged violations of the COPPA Rule and the FTC Act. The FTC alleged that OpenX knowingly collected personal information from children under 13 without parental consent and collected geolocation data from users who opted out of being tracked.…
Continue Reading FTC Announces $2 Million Settlement with Ad Exchange Over Alleged COPPA Violations

On November 8, 2021, New York Governor Kathy Hochul signed into law A.430/S.2628, which requires private employers with a place of business in New York State to provide their employees prior written notice, upon hiring, of any electronic monitoring, as defined in the Act, to which the employees will be subjected by the employer.…
Continue Reading New York State Requires Private Employers to Notify Employees of Electronic Monitoring

On November 5, 2021, IAB Europe announced that, in the coming weeks, the Belgian Data Protection Authority plans to share with other data protection authorities a draft ruling on the IAB EU Transparency & Consent Framework. …
Continue Reading Belgian DPA Expected to Rule that IAB Europe’s Cookie Consent Framework Violates the GDPR

On November 10, 2021, the UK Supreme Court issued its long-awaited judgment in the Lloyd v Google case. The decision is expected to make it difficult in practice for a future class action lawsuit that is brought on behalf of a class of individuals who have not actively opted in to being represented by the lead claimant to proceed under UK law.…
Continue Reading Lloyd Court Says No to Class Action-Style Lawsuits in the UK