CNIL adopts new guidance on cookies

On July 4, 2019, the Commission Nationale de l’informatique et des Libertés (CNIL), the French Data Protection Authority (DPA) adopted new guidelines on cookies and other tracking devices (“Guidelines”). According to the press release, the scrolling down or swiping through a website or application is no longer viewed as a valid expression of consent to the implementation of cookies; tracking services will have to prove that they have obtained consent. The CNIL adopted the Read more [...]

Nigeria’s extensive data protection law is in force

On April 25, 2019, the Nigeria Data Protection Regulation 2019 entered into force. The Regulation was issued by the National Information Technology Development Agency, NITDA, and it mirrors the EU General Data Protection Regulation (GDPR). The Regulation’s scope of application is quite broad. It applies to all transactions intended for the processing of personal data (which relate to an identified or identifiable natural person) of natural persons in Nigeria, natural persons residing in Read more [...]

FTC’s investigation into Facebook data practices could result in a fine up to 5 billion, Facebook estimates

On April 24, 2019, Facebook published its financial results for the first quarter, where it estimated a probable loss and recorded an accrual of $3 billion  in connection with an investigation by the Federal Trade Commission  (FTC).  The investigation could result in a penalty of up to 5 billion. The FTC began its investigation into Facebook’s mishandling of data after the New York Times reported in March 2018 that the information of 87 million users had been harvested by a British Read more [...]

Utah passes bill regulating warrant (and exceptions) to search certain electronic information

On March 27, 2019, the Utah Governor signed H.B.57 into law. The Bill modifies provisions related to privacy of electronic information or data and their access by law enforcement. H.B 57 defines electronic information and data as being any “information or data including a sign, signal, writing, image, sound, or intelligence of any nature transmitted or stored in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo optical system.” The definition includes location information, Read more [...]

Illinois bill aims at eliminating BIPA (Biometric Information Privacy Act)’s private right of action

  On February 25, 2019, an Illinois Senator introduced SB2134 to amend the Biometric Information Privacy Act (740 ILCS 14/1 et seq., BIPA) creating a  private right of action. The bill is currently in Committee. The majority of BIPA claims have been brought against businesses as class actions seeking statutory damages. Synopsis Amends the Biometric Information Privacy Act. Deletes language creating a private right of action. Provides instead that any violation that results from Read more [...]