On July 31, 2018, the Supreme Court of Ireland granted Facebook, Inc.’s (“Facebook”) leave to appeal a lower court’s ruling sending a privacy case to the Court of Justice of the European Union (the “CJEU”). Austrian privacy activist Max Schrems challenged Facebook’s data transfer practices, arguing that Facebook’s use of standard contractual clauses failed to adequately protect EU citizens’ data. Schrems, supported by Irish Data Protection Commissioner Helen Dixon, argued that the case belonged in the CJEU, the EU’s highest judicial body. The High Court agreed. Facebook’s request to appeal followed. Continue Reading Supreme Court of Ireland to Review Facebook Privacy Case
On July 11, 2018, computer manufacturer Lenovo Group Ltd. (“Lenovo”) agreed to a proposed $8.3 million settlement in the hopes of resolving consumer class claims regarding pop-up ad software Lenovo pre-installed on its laptops. Lenovo issued a press release stating that, “while Lenovo disagrees with allegations contained in these complaints, we are pleased to bring this matter to a close after 2-1/2 years.” Continue Reading Lenovo Reaches Proposed $8.3 Million Settlement Agreement
This post has been updated.
As reported by Mundie e Advogados, on July 10, 2018, Brazil’s Federal Senate approved a Data Protection Bill of Law (the “Bill”). The Bill, which is inspired by the EU General Data Protection Regulation (“GDPR”), is expected to be sent to the Brazilian President in the coming days.
As reported by Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados, the Bill establishes a comprehensive data protection regime in Brazil and imposes detailed rules for the collection, use, processing and storage of personal data, both electronic and physical.
Continue Reading Brazil’s Senate Passes General Data Protection Law
On July 3, 2018, a draft bill (the “Data Protection Bill”) was introduced that would establish a comprehensive data protection regime in Kenya. The Data Protection Bill would require “banks, telecommunications operators, utilities, private and public companies and individuals” to obtain data subjects’ consent before collecting and processing their personal data. The Data Protection Bill also would impose certain data security obligations related to the collection, processing and storage of data, and would place restrictions on third-party data transfers. Violations of the Data Protection Bill could result in fines up to 500,000 shillings (USD 4,960) and a five-year prison term. According to BNA Privacy Law Watch, while the Data Protection Bill is a “private member’s bill,” the Kenyan government “is working on a separate data-protection policy and bill to be published this week,” with the goal of consolidating the two proposals.
On June 28, 2018, the Governor of California signed AB 375, the California Consumer Privacy Act of 2018 (the “Act”). The Act introduces key privacy requirements for businesses, and was passed quickly by California lawmakers in an effort to remove a ballot initiative of the same name from the November 6, 2018, statewide ballot. We previously reported on the relevant ballot initiative. The Act will take effect January 1, 2020. Continue Reading California Consumer Privacy Act Signed, Introduces Key Privacy Requirements for Businesses
As reported in BNA Privacy Law Watch, a new law makes data protection a constitutional right in Chile. The measure, which was enacted by the National Congress of Chile, lists “protection of one’s personal data” as an individual right under the Constitution’s Article 19. As a result of this measure, Chilean courts must expedite privacy-related cases under constitutional protection. For more information, read the full article.
On July 1, 2018, HB 183, which amends Virginia’s breach notification law, will come into effect (the “amended law”). The amended law will require income tax return preparers who prepare individual Virginia income tax returns to notify the state’s Department of Taxation (the “Department”) if they discover or are notified of a breach of “return information.” Under the amended law, “return information” is defined as “a taxpayer’s identity and the nature, source, or amount of his income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax withheld, assessments, or tax payments.” Continue Reading Virginia Amends Breach Notification Law Applicable to Income Tax Information
Recently, Colorado’s governor signed into law House Bill 18-1128 “concerning strengthening protections for consumer data privacy” (the “Bill”), which takes effect September 1, 2018. Among other provisions, the Bill (1) amends the state’s data breach notification law to require notice to affected Colorado residents and the Colorado Attorney General within 30 days of determining that a security breach occurred, imposes content requirements for the notice to residents and expands the definition of personal information; (2) establishes data security requirements applicable to businesses and their third-party service providers; and (3) amends the state’s law regarding disposal of personal identifying information. Continue Reading Colorado Amends Data Breach Notification Law and Enacts Data Security Requirements
On June 12, 2018, Vietnam’s parliament approved a new cybersecurity law that contains data localization requirements, among other obligations. Technology companies doing business in the country will be required to operate a local office and store information about Vietnam-based users within the country. The law also requires social media companies to remove offensive content from their online service within 24 hours at the request of the Ministry of Information and Communications and the Ministry of Public Security’s cybersecurity task force. Companies could face substantial penalties for failure to disclose information upon governmental request. In addition, the law bans internet users in Vietnam from organizing people for anti-state purposes and imposes broad restrictions on using speech to distort the country’s history or achievements. As reported in BNA Privacy Law Watch, the law will take effect on January 1, 2019.
On May 16, 2018, the Irish Data Protection Bill 2018 (the “Bill”) entered the final committee stage in Dáil Éireann (the lower house and principal chamber of the Irish legislature). The Bill was passed by the Seanad (the upper house of the legislature) at the end of March 2018. In the current stage, final statements on the Bill will be made before it is signed into law by the President. Continue Reading Irish Data Protection Bill in Final Committee Stage Before the Irish Legislature