Consumer Privacy World

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information. SEC Accused of Violating FOIA Deadlines for Documents on Improper Database Access | Consumer Privacy World LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed Judgment | Consumer Privacy World Third Time Lucky or Schrems III?

Last month, the Securities and Exchange Commission (“SEC”) was hit with a complaint in federal court alleging that the agency has been untimely in responding to a Freedom of Information Act (“FOIA”) request for documents related to an admitted “control deficiency” that allowed certain SEC personnel to access databases in violation of the agency’s governing regulations.

LinkedIn and hiQ Labs agreed to a consent judgment and permanent injunction to resolve all data scraping related claims after six years of litigation. This news follows last month’s summary judgment win by LinkedIn on its breach of contract claim against hiQ, based on a finding that hiQ’s data scraping and use of fake profiles violated LinkedIn’s user agreements. Background hiQ, a now-defunk data science company, relied on web data collected from public LinkedIn profiles.

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information. Third Time Lucky or Schrems III?

The European Commission (the “Commission”) published today its draft adequacy decision for the US (the “Draft Decision”). This paves the way for an institutionalized personal data transfer mechanism across the Atlantic to emerge (and already raises the prospects of it being under scrutiny again).

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Over the last couple of years, the High Court has been sceptical of low-value compensation claims for minor data breaches (see our previous articles here and here).

In a decision on October 27, 2022, the European Court of Justice has clarified the operators’ obligations regarding consent and the right to object in relation to public directories and information services. Legal Context The ePrivacy Directive contains several provisions relating to public directories and information services of telecommunications operators.

Following a sanction decision in November 2022 relating to the use for marketing by email, of a list purchased from a data broker, the CNIL (France’s Commission Nationale de l’Informatique et des Libertés)  deemed it useful to remind on December 5, 2022 the rules applying to transfers customer lists. The acquisition of such files allows the purchaser to have contact details to carry out commercial marketing communications.

Biometric privacy suits brought under the Illinois Biometric Information Privacy Act (“BIPA”) continue to remain one of the hottest areas of class action litigation today, which can be attributed primarily to the fact that high statutory damages awards can be recovered by large classes of employees, consumers, and similar groups of individuals for mere technical violations of the law.