On January 10, 2019, Advocate General Szpunar of the Court of Justice of the European Union issued an Opinion in the case of Google v. CNIL, which is currently pending before the CJEU. In its Opinion, the Advocate General provided his views concerning the territorial scope of the right to be forgotten under the EU Data Protection Directive.
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On December 28, 2018, the French Data Protection Authority (the “CNIL”) published guidance regarding the conditions to be met by organizations in order to lawfully share personal data with business partners or other third parties, such as data brokers. The guidance focused, in particular, on such a scenario in the context of the EU General Data Protection Regulation (“GDPR”). The CNIL guidance sets forth the 5 following conditions:
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The Agency of Access to Public Information (Agencia de Acceso a la Información Pública) has approved a set of guidelines for Binding Corporate Rules as a mechanism that multinational companies may use to enable the international transfer of personal data to their affiliates located in countries whose protection of personal data has not been deemed adequate by the AAIP.
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On November 20, 2018, the Illinois Supreme Court heard arguments in a case that could shape future litigation under the Illinois Biometric Information Privacy Act (“BIPA”). BIPA requires companies to (i) provide prior written notice to individuals that their biometric data will be collected and the purpose for such collection, (ii) obtain a written release from individuals before collecting their biometric data and (iii) develop a publicly available policy that sets forth a retention schedule and guidelines for deletion once the biometric data is no longer used for the purpose for which it was collected (but for no more than three years after collection). BIPA also prohibits companies from selling, leasing or trading biometric data.

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