Published in Data Protection·PinnedInstagram for Under-13s: Facebook’s “Fight” With Child Privacy Law?Facebook is planning a social media network for young kids. Will it succeed? Probably. Mark Zuckerberg once said that the Children’s Online Privacy Protection Act (COPPA) was a “fight” Facebook would “take on at some point.” This week, we learned Facebook is planning an Instagram for under-13s. …Instagram2 min read
May 11, 2021Is Google Analytics Illegal in the EU?NOYB’s latest Google complaint is a true test of the Schrems II data transfer principles — Max Schrems and Co. (NOYB) have brought a complaint against Google to the Austrian DPA. This case is a seriously big deal. If Schrems wins, Google’s transfers of personal data will be deemed unlawful and the company could face a large fine (up to €6 billion). More importantly, the complaint…Data Protection3 min read
Published in Data Protection·Apr 28, 2021Lloyd v Google: The Most Important Data Rights Case In UK History?On 28 April, the U.K. Supreme Court hears Lloyd v Google — a vitally important case for the future of data rights. There’s a lot riding on this case. Consumer rights advocate Richard Lloyd is suing Google over the “Safari Workaround”. Lloyd alleges that Google set cookies without consent (surely…Data Protection3 min read
Published in Data Protection·Mar 24, 2021Apple Facing Another Investigation in EuropeBig tech’s most privacy-focused company is facing three data protection complaints and one antitrust investigation Privacy is a major part of Apple’s brand. …Apple2 min read
Published in Data Protection·Mar 24, 2021Irish DPA Criticised (Again) Over GDPR EnforcementThe Irish DPA has been criticised by the German federal data regulator. Fair enough? Here’s the background: A letter from thefederal data protection regulator (BfDI) Ulrich Kelber has been reported by the Irish Times criticising the Irish Data Protection Commission (DPC). This letter reiterated what many observers have been saying…2 min read
Published in Data Protection·Mar 24, 2021Facebook “GDPR Consent Bypass” Hits Austrian Supreme CourtFacebook is “bypassing GDPR consent”, according to a case brought to the Austrian Superior Court by GDPR final boss Max “Schrems II” Schrems. What does “bypassing the GDPR” mean? Here’s the background of this case: Under the Data Protection Directive, Facebook relied on the legal basis of “consent” for cookies. …Facebook3 min read
Published in Data Protection·Mar 24, 2021Could the US Lose Its Best Privacy Law?Illinois lawmakers are trying to undermine the Biometric Information Processing Act (BIPA). This is one of the few U.S. privacy laws providing Americans with real privacy protection. What is America’s best privacy law? Maybe it’s not objectively the best, but my favourite U.S. privacy law is Illinois’ Biometric Information Processing…Biometrics2 min read
Published in Data Protection·Mar 24, 2021Doctolib Ruling: Does Schrems II Now Apply to Inter-EU Transfers?French court ruling says vaccine-booking platform’s contract with Amazon is lawful. But this case isn’t as clear-cut as it seems. I’m drawing my analysis here from the IAPP’s summary of the case. Here’s the background The French Conseil d’Etat looked at a data processing agreement between Doctolib, whose platform is…Doctolib3 min read
Published in Data Protection·Mar 24, 2021UK Reiterates Intention to Diverge from EU Data Protection StandardsThe U.K.’s culture secretary has repeated his ambiguous claims about the future data protection regime. Sky News published the glibly-titled Government to reform data protection laws to spur economic growth on Thursday, in which Oliver Dowden, the U.K.’s culture secretary, states that he is “seeking to set out where we…Data Protection3 min read
Published in Data Protection·Mar 24, 2021T-Mobile to Sell US Customers’ Web Usage Data on Opt-Out BasisTelecoms giant will start selling information about how customers use the web and what apps are on their phones unless they opt out. In the previous edition of Data Protection, I recommended reading the New York Times editorial on opt-in consent: America, Your Privacy Settings Are All Wrong. This piece…T Mobile2 min read
