On April 13, 2020, the New York Department of Financial Services issued guidance to all New York State entities covered under NYDFS’s cybersecurity regulation regarding assessing and addressing heightened cybersecurity risks due to the COVID-19 pandemic.
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Telecommunications
UK ICO Releases Its Opinion on Apple and Google Partnership to Build COVID-19 Contact Tracing Technology
The UK Information Commissioner has released an opinion in response to the joint effort announced by Apple and Google to enable the use of Bluetooth technology to help governments and health agencies reduce the spread of COVID-19. …
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CNIL Releases Guidance on Teleworking
On April 1, 2020, the French Data Protection Authority released guidance for employers on how to implement teleworking as well as best practices for their employees in this context. …
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Good News for TCPA Defendants
The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.
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EU Council Presidency Releases Proposed Amendments to Draft ePrivacy Regulation
On February 21, 2020, the Presidency of the Council of the European Union published a revised part of the proposed Regulation concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications and Repealing Directive. …
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Italian Garante Fines Telecom Company 27.8 Million Euros for Unlawful Marketing Practices
On February 1, 2020, the Italian Data Protection Authority announced that it had levied a fine of 27.8 Million Euros on TIM S.p.A., a telecommunications company, for several unlawful marketing data processing practices.
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FCC Announces TCPA Junk Fax Prohibitions Do Not Apply to Online Faxes
On December 9, 2019, the Federal Trade Commission announced that online fax services do not fall under legal prohibitions against junk faxes. …
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New York City Considers Prohibition on Sharing Location Data
On July 23, 2019, New York City Council members introduced Int. 1632-2019, an amendment to the administrative code of New York City that would prohibit telecommunications carriers and mobile applications from sharing a customer’s location data if the location was collected from a device in the five boroughs.
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FTC Recommends Steps to Improve Mobile Device Security Update Practices
On February 28, 2018, the Federal Trade Commission issued a report, titled Mobile Security Updates: Understanding the Issues, that analyzes the process by which mobile devices sold in the U.S. receive security updates and provides recommendations for improvement.
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UK Parliament Approves Investigatory Powers Bill
On November 16, 2016, the UK Investigatory Powers Bill was approved by the UK House of Lords. The draft of the Bill has sparked controversy, as it will hand significant and wide-ranging powers to state surveillance agencies, and has been strongly criticized by some privacy and human rights advocacy groups. …
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