Issue 110

Enforcement updates

Norwegian Data Protection Authority (DPA) intends to ban browser extension over GDPR violation

The Norwegian DPA issued an advance notification of a ban on the processing of personal data by Shinigami Eyes, a browser extension available for Chrome and Firefox, that highlights transphobic and trans-friendly websites in different colours. The DPA concluded that Shinigami Eyes had no legal basis for processing personal data and the profiling of individuals as transphobic or trans-friendly based on subjective assessments would jeopardize the freedom of expression of individuals on the internet.

New Jersey breach investigation against cancer care providers settled for USD 425,000

The Acting Attorney General of New Jersey announced that the Division of Consumer Affairs reached a settlement with three cancer care providers based in New Jersey over allegations of inadequate safeguards to protect patients’ data and exposing personal and protected health information of 80,333 residents of New Jersey. The terms of the settlement require the three organizations to pay USD 425,000 to adopt additional privacy measures for safeguarding personal and protected health information.

Quebec based Finance group to pay upto CAD 200,852,500 for settling data breach class actions

Finance group Desjardins announced that it concluded a settlement with the plaintiffs of a class-action suit filed against Desjardins over a breach of the organization’s members’ and clients’ data that Desjardins publicly disclosed in June 2019. The applicants are further claiming moral and compensatory damages in civil liability for the violation of the Act respecting the Protection of Personal Information in the Private Sector. The settlement agreement has been submitted to the Supreme Court of Quebec for approval which provides for a maximum amount of CAD 200,852,500 payable as individual recovery to the eligible claimants.

Guidance updates 

  • Irish DPA releases the “Children’s Fundamentals”, a guide for protection of children’s personal data.
  • German Data Protection Conference publishes guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia.
  • UK Information Commissioner opens consultation until 11 March 2022 on draft guidance on the right to access to information processed for the purpose of law enforcement.
  • China Academy for Information and Communication Technologies releases white paper on global digital governance discussing the need for data localization to protect privacy. 

Regulatory updates around the globe 

  • Ukraine amends data localization provisions in the law on personal data protection.
  • Fujian Provincial People’s Congress passes regulations on big data development.

US updates 

  • California Attorney General releases list of enforcement actions which highlights the significance of making privacy policies compliant with California Consumer Privacy Act.
  • Senator reiterates stance on corporate sale of consumer data violating fundamental rights. Reports Nextgov.
  • New Mexico Attorney General settles with Google over alleged violation of children’s online privacy.

EU updates 

  • European Union Agency for Cybercrime publishes report on cybersecurity threats and security controls in machine learning systems. 
  • European Commission publishes proposal for directive highlighting privacy concerns in intelligent transport systems applications.

 India updates

  • Parliament passes bill on electoral reforms that propose to link Aadhaar cards with voter IDs. 
  • Head of Joint Parliamentary Committee data protection law states that national interests would override personal interests. Reports Moneycontrol.
  • Cyberlaw experts believe new data privacy law may open up white-collar jobs. Reports United News of India.

News around the globe

  • Increasing hacking incidents with American healthcare providers affect protected health information.
  • Australia and USA sign agreement to enable data sharing for serious investigation like terrorism.
  • DuckDuckGo developing a desktop browser that respects user privacy. Reports Business Standard.

Read the digital newsletter here.

© 2019 Reina Consulting LLP – All rights reserved