On October 24, 2017, an opinion issued by the EU’s Advocate General Bot (“Bot”) rejected Facebook’s assertion that its EU data processing activities fall solely under the jurisdiction of the Irish Data Protection Commissioner. The non-binding opinion was issued in relation to the CJEU case C-210/16, under which the German courts sought to clarify whether the data protection authority (“DPA”) in the German state of Schleswig-Holstein could take action against Facebook with respect to its use of web tracking technologies on a German education provider’s fan page without first providing notice. Continue Reading Advocate General Rejects Facebook’s Claim of Sole Irish Jurisdiction in EU

On May 16, 2017, the Governor of the State of Washington, Jay Inslee, signed into law House Bill 1493 (“H.B. 1493”), which sets forth requirements for businesses who collect and use biometric identifiers for commercial purposes. The law will become effective on July 23, 2017. With the enactment of H.B. 1493, Washington becomes the third state to pass legislation regulating the commercial use of biometric identifiers. Previously, both Illinois and Texas enacted the Illinois Biometric Information Privacy Act (740 ILCS 14) (“BIPA”) and the Texas Statute on the Capture or Use of Biometric Identifier (Tex. Bus. & Com. Code Ann. §503.001), respectively. Continue Reading Washington Becomes Third State to Enact Biometric Privacy Law

On October 3, 2016, the Texas Attorney General announced a $30,000 settlement with mobile app developer Juxta Labs, Inc. (“Juxta”) stemming from allegations that the company violated Texas consumer protection law by engaging in false, deceptive or misleading acts or practices regarding the collection of personal information from children. Continue Reading Texas AG Settles Suit with Messaging App Over Children’s Data Practices

On August 25, 2016, WhatsApp announced in a blog post that the popular mobile messaging platform updated its Terms of Service and Privacy Policy to permit certain information sharing with Facebook. After Facebook acquired WhatsApp in 2014, the Director of the FTC’s Bureau of Consumer Protection wrote a letter to both Facebook and WhatsApp that discussed the companies’ obligations to honor privacy statements made to consumers in connection with the acquisition. Continue Reading WhatsApp Updates Privacy Policy to Share Information with Facebook

On October 15 and 16, 2015, Hunton & Williams is pleased to sponsor PDP’s 14th Annual Data Protection Compliance Conference in London. Bridget Treacy, Head of the UK Privacy and Cybersecurity practice at Hunton & Williams, chairs the conference, which features speakers from the data protection industry, including Christopher Graham, UK Information Commissioner, and Rosemary Jay, senior consultant attorney at Hunton & Williams.

Continue Reading Hunton Sponsors 14th Annual Data Protection Compliance Conference

Recent class actions filed against Facebook and Shutterfly are the first cases to test an Illinois law that requires consent before biometric information may be captured for commercial purposes. Although the cases focus on biometric capture activities primarily in the social-media realm, these cases and the Illinois law at issue have ramifications for any business that employs biometric-capture technology, including those who use it for security or sale-and-marketing purposes. In a recent article published in Law360, Hunton & Williams partner, Torsten M. Kracht, and associate, Rachel E. Mossman, discuss how businesses already using these technologies need to keep abreast of new legislation that might affect the legality of their practices, and how businesses considering the implementation of these technologies should consult local rules and statutes before implementing biometric imaging.

Continue Reading States Writing Biometric-Capture Laws May Look to Illinois

On June 9, 2015, Max Schrems tweeted that the Advocate General of the European Court of Justice (“ECJ”) will delay his opinion in Europe v. Facebook, a case challenging the U.S.-EU Safe Harbor Framework. The opinion was previously scheduled to be issued on June 24. No new date has been set.

Continue Reading Europe’s Highest Court Delays Decision in Safe Harbor Case Schrems vs. Facebook