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Articles by Jenny Colgate
FTC Says: If You Want to Use Data In a New Way, You Need to Provide Actual Notice to End-Users Before You Do It | JD Supra
It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.” It sends the message that the company can change its data practices and policies without ever notifying the end-user. It tells the end-user that the burden is on them to check back. And it signals that the end user has no control.
FTC Says: If You Want to Use Data In a New Way, You Need to Provide Actual Notice to End-Users Before You Do It
It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.” It sends the message that the company can change its data practices and policies without ever notifying the end-user. It tells the end-user that the burden is on them to check back. And it signals that the end user has no control.
[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET | JD Supra
Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing medical technology and life sciences companies. The webinar will take place on August 29, 2023, at 2 pm ET. The event is free of charge and open to the public.
Why Privacy And Trade Secret Law Are On A Collision Course | JD Supra
Can privacy law and trade secret law coexist, or is compliance with both impossible? We are experiencing the fourth industrial revolution, driven by the rise in data and connectivity, analytics and artificial intelligence. In the past industrial revolutions, the driving technologies were protectable by patents — things such as mechanization, steam power, water power, mass production, electricity and information technology systems.
Why Privacy, Trade Secret Law Are On A Collision Course
By Jenny Colgate (August 7, 2023, 1:07 PM EDT) -- Can privacy law and trade secret law coexist, or is compliance with both impossible?... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
Why Privacy, Trade Secret Law Are On A Collision Course
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Wash. Health Privacy Bill May Affect Cos. Across Industries | JD Supra
In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law. The law, which goes into effect next year, aims to regulate the vast amount of health-related data processing that takes place outside of the Health Insurance Portability and Accountability Act, and provides a broad private right of action to enforce any violation.
Wash. Health Privacy Bill May Affect Cos. Across Industries
By Jenny Colgate (July 6, 2023, 4:47 PM EDT) -- In late April, Washington's governor signed the My Health My Data Act, or MHMD, into law.... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
If you Think “My Health, My Data” Does Not Apply to Your Company, You May Want to Think Again | JD Supra
May 18, 2023 To embed, copy and paste the code into your website or blog: Many companies may be quick to dismiss Washington’s “My Health, My Data” (MHMD) as a health data law that does not apply to them. But there are many reasons you should think twice before disregarding this law.
If you Think “My Health, My Data” Does Not Apply to Your Company, You May Want to Think Again
Many companies may be quick to dismiss Washington’s “My Health, My Data” (MHMD) as a health data law that does not apply to them. But there are many reasons you should think twice before disregarding this law. First, unlike the state privacy laws that have been passed so far, MHMD applies to all companies regardless of their revenues, how much personal data they process, or what percent of their annual revenue is generated from processing or selling personal data.
What is “Data Minimization”? Could This Be a Future Hot Issue for U.S. Privacy Litigation? | JD Supra
On March 16, 2023, the French Data Protection Agency (the “CNIL”) imposed a fine of € 25,000 on the company CITYSCOOT in connection with a finding that CITYSCOOT failed to comply with the obligation to ensure data minimization, as required by Article 5.1.c of the GDPR. The facts that led to the judgment included a finding that during the short-term rental of a scooter, CITYSCOOT would collect (and store) the vehicle’s geolocation data every 30 seconds.
What is “Data Minimization”? Could This Be a Future Hot Issue for U.S. Privacy Litigation?
On March 16, 2023, the French Data Protection Agency (the “CNIL”) imposed a fine of € 25,000 on the company CITYSCOOT in connection with a finding that CITYSCOOT failed to comply with the obligation to ensure data minimization, as required by Article 5.1.c of the GDPR. The facts that led to the judgment included a finding that during the short-term rental of a scooter, CITYSCOOT would collect (and store) the vehicle’s geolocation data every 30 seconds.
The Supreme Court Declines to Further Clarify Standing for Privacy Claims in Wakefield v. ViSalus | JD Supra
A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy and Protection Act (VPPA), the Telephone Consumer Protection Act (TCPA), and the Fair Credit Reporting Act (FCRA).
The Supreme Court Declines to Further Clarify Standing for Privacy Claims in Wakefield v. ViSalus
A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy and Protection Act (VPPA), the Telephone Consumer Protection Act (TCPA), and the Fair Credit Reporting Act (FCRA).
First BIPA Trial Ever Results in $228M Judgment Against Company that Hired Out Fingerprint Processing Activities | JD Supra
Yesterday, October 12, 2022, was the first time that a case under the Illinois Biometric Information Privacy Act (BIPA) went to trial – and the result was a big win for the Plaintiffs, more than 44,000 truck drivers whose fingerprints were scanned for identity verification purposes without any informed permission or notice. BIPA is an Illinois state law that requires informed, written consent before personal biometric information is captured, used, and stored.
First BIPA Trial Ever Results in $228M Judgment Against Company that Hired Out Fingerprint Processing Activities
Yesterday, October 12, 2022, was the first time that a case under the Illinois Biometric Information Privacy Act (BIPA) went to trial – and the result was a big win for the Plaintiffs, more than 44,000 truck drivers whose fingerprints were scanned for identity verification purposes without any informed permission or notice. BIPA is an Illinois state law that requires informed, written consent before personal biometric information is captured, used, and stored.
Biden Signs Executive Order Implementing Privacy-Shield Replacement for EU-US Data Transfers | JD Supra
Today, October 7, 2022, President Joe Biden signed an executive order implementing a new privacy framework for data being shared between Europe and the United States.
CCPA Enforcement – California AG Bonta Announces Settlement with Sephora | JD Supra
California Attorney General Rob Bonta announced yesterday a settlement reached with beauty product retailer, Sephora, Inc. (Sephora), resolving allegations that Sephora violated various provisions of the California Consumer Privacy Act (CCPA).
CCPA Enforcement - California AG Bonta Announces Settlement with Sephora
California Attorney General Rob Bonta announced yesterday a settlement reached with beauty product retailer, Sephora, Inc. (Sephora), resolving allegations that Sephora violated various provisions of the California Consumer Privacy Act (CCPA).
Brave New (Virtual) World
Authored by Jenny Colgate and Caitlin Wilmot for ICLG Data Protection 2022 7.8.22 Partner Jenny Colgate and associate Caitlin Wilmot published a chapter titled "Brave New (Virtual) World" in the International Comparative Legal Guide to: Data Protection 2022, published by Global Legal Group Ltd. As the pace of technology far exceeds the speed of regulation, it is clear that there are more questions than answers when it comes to the legal framework for the metaverse.
Meta's Annual Report Says It May Have To Shut Down Facebook and Instagram in Europe Because of GDPR – A Fact, Not a Threat | JD Supra
In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated. Further, and broader than the invalidation of Privacy Shield adequacy decision, the Schrems II judgement found that US surveillance measures interfered with what are considered “fundamental rights” under EU law, i.e., the rights to respect for private and family life, including communications, and the protection of personal data.
Meta's Annual Report Says It May Have To Shut Down Facebook and Instagram in Europe Because of GDPR – A Fact, Not a Threat
In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated. Further, and broader than the invalidation of Privacy Shield adequacy decision, the Schrems II judgement found that US surveillance measures interfered with what are considered “fundamental rights” under EU law, i.e., the rights to respect for private and family life, including communications, and the protection of personal data.
Heads-Up to Any Companies with Loyalty Programs -They Count as “Financial Incentives” for Purposes of the CCPA
On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of businesses operating loyalty programs in California.
Heads-Up to Any Companies with Loyalty Programs –They Count as “Financial Incentives” for Purposes of the CCPA | JD Supra
On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of businesses operating loyalty programs in California.
Google Accused of Using “Dark Patterns” to Track Users Who Did Not Want to Be Tracked | JD Supra
On August 13, 2018, the Associated Press published a story: “Google tracks your movements, like it or not.” (https://apnews.com/article/north-america-science-technology-business-ap-top-news-828aefab64d4411bac257a07c1af0ecb) According to the article, computer-science researchers at Princeton confirmed findings that “many Google services on Android devices and iPhones store your location data even if you’re using a privacy setting that says it will prevent Google from doing so.” The article...
Can European Websites use Google Analytics and Similar Services Without Violating the GDPR? | JD Supra
It has been nearly a year and a half since the Schrems II decision issued in July 2020, which invalidated the European Commission’s adequacy decision for the EU-US Privacy Shield Framework. As a result, companies were forced to reexamine their transfers of personal information out of the EU, and the safeguards that they rely on for those cross-border data transfers. Some companies, instead of addressing the safeguards they had in place, took a hard look at the data they were transferring.
France Fines Facebook and Google For Violating the EU Cookie Law: You Need to Make it As Easy to Refuse as a Cookie, as it is to Accept One | JD Supra
France recently fined Alphabet Inc’s Google $169 million and Meta Platform’s Facebook $67 million on grounds that the companies violated the EU e-Privacy directive (aka the EU “Cookie Law”) by requiring too many “clicks” for users to reject cookies. The result was that many users just accepted the cookies, thus allowing the identifiers to track their data.
China’s New Data Protection Law – Personal Information Protection Act (PIPL) | JD Supra
On August 20, 2021, China passed its first general data protection law, called the Personal Information Protection Law (“PIPL”).
FTC Stripped of Authority to Pursue Equitable Monetary Relief in Federal Court – What Now? | JD Supra
On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”). The result means that defendant Scott Tucker does not have to pay $1.27 billion in restitution and disgorgement, notwithstanding that his payday loan business was found to constitute an unfair and deceptive practice.
FTC Stripped of Authority to Pursue Equitable Monetary Relief in Federal Court - What Now?
On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”). The result means that defendant Scott Tucker does not have to pay $1.27 billion in restitution and disgorgement, notwithstanding that his payday loan business was found to constitute an unfair and deceptive practice.
Virginia is 2nd to Enact Consumer Privacy Law, And It Has a Couple of Twists | JD Supra
Yesterday, Virginia passed the Virginia Consumer Data Protection Act (VCDPA), making it the second state (behind California, with its California Consumer Protection Act (CCPA) to enact a general consumer privacy law. The VCDPA will take effect on January 1, 2023, which is also the same day the California Privacy Rights Act (CPRA), an act to strengthen the CCPA, will go into effect.
Virginia is 2nd to Enact Consumer Privacy Law, And It Has a Couple of Twists
Yesterday, Virginia passed the Virginia Consumer Data Protection Act (VCDPA), making it the second state (behind California, with its California Consumer Protection Act (CCPA) to enact a general consumer privacy law. The VCDPA will take effect on January 1, 2023, which is also the same day the California Privacy Rights Act (CPRA), an act to strengthen the CCPA, will go into effect.
10 Thoughts Regarding Apple’s New “Privacy Nutrition Labels” | JD Supra
In December 2020, Apple started requiring Apps to display mandatory labels that provide a graphic, easy-to-digest version of their privacy policies. They are being called “privacy nutrition labels,” presumably a reference to the mandatory FDA-required “Nutrition Facts” labels that have appeared on food since 1990. Below I offer ten thoughts related to these new labelling requirements. The idea for Apple’s labels may not have been Apple’s.
10 Thoughts Regarding Apple’s New “Privacy Nutrition Labels"
In December 2020, Apple started requiring Apps to display mandatory labels that provide a graphic, easy-to-digest version of their privacy policies. They are being called “privacy nutrition labels,” presumably a reference to the mandatory FDA-required “Nutrition Facts” labels that have appeared on food since 1990. Below I offer ten thoughts related to these new labelling requirements. The idea for Apple’s labels may not have been Apple’s.
Supreme Court: The FTC - The Chief Federal Agency on Privacy Policy and Enforcement Since the 1970s - May Not Have Ever Had Authority to Demand Monetary Relief | Rothwell, Figg, Ernst & Manbeck, P.C. - JDSupra
While Europe is leveraging hefty fines against violators of the EU General Data Protection Regulation (GDPR) (here is a tracker of recent fines: https://www.enforcementtracker.com/), the United States Supreme Court heard oral arguments last month on whether the FTC – the chief federal agency on privacy policy and enforcement since the 1970s – lacks authority to demand monetary relief. The oral arguments in AMG Capital Management v.
Supreme Court: The FTC - The Chief Federal Agency on Privacy Policy and Enforcement Since the 1970s - May Not Have Ever Had Authority to Demand Monetary Relief | LexBlog
While Europe is leveraging hefty fines against violators of the EU General Data Protection Regulation (GDPR) (here is a tracker of recent fines: https://www.enforcementtracker.com/), the United States Supreme Court heard oral arguments last month on whether the FTC – the chief federal agency on privacy policy and enforcement since the 1970s – lacks authority to demand monetary relief. The oral arguments in AMG Capital Management v.
Outer Space Real Estate Wars May Signal a Beginning of Outer Space Privacy Disputes | JD Supra
A recent article from CNN reported on SpaceX and Amazon sparring over their competing satellite-based internet business.
Outer Space Real Estate Wars May Signal a Beginning of Outer Space Privacy Disputes
A recent article from CNN reported on SpaceX and Amazon sparring over their competing satellite-based internet business.
WhatsApp – An Example of How Companies Compete Based on Privacy | JD Supra
Facebook, the parent company to WhatsApp, is reporting near-record low revenue growth. Thus, presumably in an effort to monetize WhatsApp more heavily, WhatsApp recently announced changes to its privacy policy: as of February 8, 2201, all WhatsApp users (except those that live in Europe) must agree to share their data with Facebook. If users do not agree, WhatsApp will delete their account. Since the announcement of the changes to WhatsApp privacy policy, there has been much public criticism.
WhatsApp - An Example of How Companies Compete Based on Privacy
Facebook, the parent company to WhatsApp, is reporting near-record low revenue growth. Thus, presumably in an effort to monetize WhatsApp more heavily, WhatsApp recently announced changes to its privacy policy: as of February 8, 2201, all WhatsApp users (except those that live in Europe) must agree to share their data with Facebook. If users do not agree, WhatsApp will delete their account. Since the announcement of the changes to WhatsApp privacy policy, there has been much public criticism.
FinCEN’s Proposed Rulemaking for Cryptocurrency – The Balance of National Security vs. Privacy | JD Supra
Just before the Christmas holidays, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed rulemaking entitled “Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets.” The proposed regulations seek to “require banks and money service businesses (“MSBs”) to submit reports, keep records, and verify the identity of customers in relation to transactions involving convertible virtual currency (“CVC”) or digital...
FinCEN’s Proposed Rulemaking for Cryptocurrency - The Balance of National Security vs. Privacy
Financial technology concept and digital business idea Just before the Christmas holidays, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed rulemaking entitled “Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets.” The proposed regulations seek to “require banks and money service businesses (“MSBs”) to submit reports, keep records, and verify the identity of customers in relation to transactions involving...
EU Data Transfers Update: You Have a Lot of Weekend Reading To Do! | JD Supra
If you’re a company that has been scratching your head and racking your brain since the Schrems II decision issued on July 16, 2020, invalidating Privacy Shield and calling into question all data transfers between the EU and third countries on surveillance-related grounds, your wish for more guidance has finally come true.
EU Data Transfers Update: You Have a Lot of Weekend Reading To Do!
If you’re a company that has been scratching your head and racking your brain since the Schrems II decision issued on July 16, 2020, invalidating Privacy Shield and calling into question all data transfers between the EU and third countries on surveillance-related grounds, your wish for more guidance has finally come true.
Data Privacy Comparative Guide
To print this article, all you need is to be registered or login on Mondaq.com. Do you want to compare other jurisdictions?... Click here 1 Legal and enforcement framework 1.1 Which legislative and regulatory provisions govern data privacy in your jurisdiction? There is no comprehensive federal law that governs data privacy in the United States.
TCPA Subject to Supreme Court Scrutiny (Again) – What Exactly is Autodialing? | JD Supra
The Telephone Consumer Protection Act (TCPA) was passed in 1991 and is known by many as the law that created the “do-not-call” rules.
TCPA Subject to Supreme Court Scrutiny (Again) – What Exactly is Autodialing? | LexBlog
The Telephone Consumer Protection Act (TCPA) was passed in 1991 and is known by many as the law that created the “do-not-call” rules.
Amazon Sued For Another BIPA Violation, This Time Related to COVID-19 Employee Scans | JD Supra
A lawsuit recently filed against Amazon.com for a violation of the Illinois Biometric Information Protection Act (“BIPA”) should serve as a reminder to all companies engaged in COVID-19-related employee and/or customer scanning that it is important to determine what privacy and cybersecurity laws apply to your screening measures, and confirm that you are engaging in all required practices under those laws.
Amazon Sued For Another BIPA Violation, This Time Related to COVID-19 Employee Scans
A lawsuit recently filed against Amazon.com for a violation of the Illinois Biometric Information Protection Act (“BIPA”) should serve as a reminder to all companies engaged in COVID-19-related employee and/or customer scanning that it is important to determine what privacy and cybersecurity laws apply to your screening measures, and confirm that you are engaging in all required practices under those laws.
USPTO Report on Public Views on Artificial Intelligence and IP – Current Laws are Adequate, but Data is Key Issue | JD Supra
On October 6, 2020, the United States Patent and Trademark office (USPTO) released a report titled “Public Views on Artificial Intelligence and Intellectual property Policy.” The report follows the USPTO’s August 2019 request for comments on patenting AI inventions, and the USPTO’s October 2019 request for comments related to the impact of AI on other IP policy areas.
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