On August 13, 2018, the Associated Press published a story: “Google tracks your movements, like it or not.” 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
Jenny L. Colgate
Can European Websites use Google Analytics and Similar Services Without Violating the GDPR?
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…
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
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…
China’s New Data Protection Law – Personal Information Protection Act (PIPL)
On August 20, 2021, China passed its first general data protection law, called the Personal Information Protection Law (“PIPL”). The law is set to take effect on November 1, 2021 (two months away), and it applies to both (1) in-country processing of personal information of natural persons; and (2) out-of-country processing of personal information of…
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…
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…
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…
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
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…
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. The article reports that at the center of the dispute is “a recent attempt by SpaceX to modify its license for Starlink, a massive constellation of internet satellites, of which SpaceX has already launched more than 900.” SpaceX…
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, 2021, all WhatsApp users (except those that live in Europe) must agree to share their data with Facebook. If users do…