On July 18, 2022, the UK Government introduced into Parliament the Data Protection and Digital Information Bill (the Data Reform Bill), which proposes legislation to reform the UK data protection regime. A recent article in Entertainment Law Review by Ropes & Gray attorneys Rohan Massey, Christopher Foo & Edward Machin analyzes the Data Reform Bill’s
Four Months after Dobbs, Privacy Concerns Remain in the Spotlight
On June 24, 2022, the U.S. Supreme Court issued its ruling in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and holding that there is no constitutionally protected right to abortion. The significance of the decision cannot be overstated. Dobbs not only rolled back the Court’s prior protection of reproductive rights, it also raised still-unanswered questions about the privacy of digital data and could lead to the overturning of other previous Court opinions that are similarly grounded in privacy interests. In sparking such questions, Dobbs appears to have reinvigorated a national conversation regarding the protection of personal information and, more generally, the need for stronger data privacy safeguards in the United States.…
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California Attorney General’s Office Releases First Formal CCPA Opinion
The California Attorney General’s office (OAG) recently released its first formal written opinion on the scope of the rights granted to consumers under the California Consumer Privacy Act (CCPA), specifically, the right for a consumer to know about the personal information that a business collects from them. The opinion comes in response to a question submitted by California Assembly member Kevin Kiley as to whether a consumer’s right to know the specific pieces of personal information that a business has collected about that consumer applies to internally generated inferences the business holds about them. The OAG asserted that the right to know does apply to such inferences, albeit with certain key exceptions.
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Increased EU Scrutiny of US Data Transfers Through Cookie Use
A recent decision by the Austrian Supervisory Authority (“SA”) casts a spotlight on the complexities of data transfers and cookie use, and highlights a shift in regulatory focus onto these topics in the year ahead. Regulators around Europe are increasingly beginning to weigh in on such transfers, and the outcomes of their deliberations will shape the data transfer compliance landscape in the months to come. These decisions present complex questions about the future of data transfers in the EU and UK.
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State Privacy Law Developments: The New York Privacy Act
Since the passage of the California Consumer Privacy Act (CCPA) in 2018, many states have proposed sweeping data protection legislation, but only two others, Colorado and Virginia, have so far succeeded in passing such laws. That may soon change. In 2021, several states came close to enacting comprehensive privacy legislation and that momentum has continued into this year, with data protection bills being carried over, introduced, and reintroduced in state legislatures across the country. As the possibility of a federal privacy law dwindles—particularly during this midterm year—state legislatures are poised to be the source of major data protection developments in 2022. Throughout the year, Ropes & Gray will monitor and analyze these developments in state privacy laws, beginning with a discussion of the latest iteration of the proposed New York Privacy Act.
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What Florida’s DNA Privacy Law Means For Health Care Providers
Law360 (October 4, 2021, 5:30 PM EDT) —
On June 29, Florida Gov. Ron DeSantis signed into law H.B. 833, known as the Protecting DNA Privacy Act.
The act took effect on Oct. 1, and applies to the collection, use, retention, maintenance and disclosure of a DNA sample collected from an individual in Florida as well as the results of any subsequent DNA analysis. The act is self-executing and took effect without the need for creation of implementing regulations.
The act clarifies the extent to which individuals own their genetic information, and it creates new crimes for the unlawful collection, retention, analysis, disclosure or sale of an individual’s DNA sample and the results of a DNA analysis, subject to certain limited exemptions, such as use for specified clinical or research purposes.
The act also has important implications for secondary uses of data by health care providers and others that perform genetic testing and analyze genetic information.…
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China Passes Personal Information Protection Law
On August 20, 2021, the Standing Committee of the National People’s Congress promulgated the Personal Information Protection Law (PIPL), which will become effective on November 1, 2021. The PIPL is the first comprehensive national level personal information protection law in China, which systematically regulates the processing of personal information by entities and individuals. The PIPL, together with the Cybersecurity Law, which was promulgated in 2017, and the Data Security Law, which was promulgated earlier this year, form the three pillars of China’s comprehensive data protection legal regime.
This Alert provides a summary of the highlights of the PIPL, discusses the implications on domestic and foreign businesses operating in China, and compares the PIPL with the European Union (EU) General Data Protection Regulation (GDPR), which has greatly influenced many of the concepts included in the PIPL.
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Colorado Privacy Law Signed Into Law
On July 8, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (the “Colorado Law”), a comprehensive privacy law that will take effect on July 1, 2023, into law. Colorado is the third U.S. state to pass a comprehensive privacy law, following California (the CCPA, as modified by the CPRA) and Virginia (the CDPA).
The Colorado Law generally resembles both the California and Virginia privacy laws, but more closely tracks the Virginia CDPA in terms of structure, approach, and language. The Colorado Law also contains some notable deviations from either law, including novel provisions regarding a mandatory universal opt-out mechanism for targeted advertising or sales of personal data.
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COVID-19 Vaccination Booking Site May Reveal Vaccination Status
In news that is likely to concern individuals and privacy activists alike, it has been reported that the NHS booking system for COVID-19 vaccinations has led to complaints that it could be used to reveal the vaccination status of individuals through the use of simple personal information.
The website allows users to book appointments for COVID-19 vaccinations, either by means of their NHS number, or by entering certain basic personal data, (including names, dates of birth and postcodes). The website then provides a variety of responses based on the user’s vaccination status, with different responses being provided based on whether the individual has received no vaccinations, one vaccination, or both. …
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EU Proposals May Limit the Use of Artificial Intelligence
The European Commission (EC) may be set to propose extensive new legislation – potentially later this week – which, among other things, would ban the use of facial recognition technology for surveillance purposes and the use of algorithms that influence human behavior, according to recently leaked draft documents. The proposals would also introduce new rules regarding high-risk artificial intelligence (AI).
Although the use of AI systems is regarded as beneficial in many areas of society, use of AI in some contexts can be controversial. For example, the use of algorithms in the context of employment-related decision-making, allegedly based solely on automated personal data processing, including profiling, has recently been challenged under the GDPR in the Dutch courts, although this decision is likely to be contested.
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