Issue 132

Enforcement updates

The Personal Information Protection Commission has issued a fine on LG HelloVision Co., Ltd. for violations under the Act on Promotion of Information and Communications Network Utilization and Information Protection 2001. It was held that the company had failed to implement appropriate safeguards, such as access logs and controls, encryption and had processed resident registration numbers without a valid legal basis. The company was thus fined KRW 11 million along with a corrective order.

The authority has announced an investigation into Kry International AB regarding a data security breach relating to the transfer of personal data to Facebook. The complaint states that the company had a Facebook pixel on two of its websites, which has led to the company transferring personal data to Facebook. The company is now required to report to the authority on their privacy measures such as types of personal data transferred, how many people may have been affected by the incident, and what technical and organisational security measures the company has taken.

The Portuguese data protection authority has ordered all electronic communications providers to delete data stored after a ruling that declared some of the provisions to be unconstitutional. The Constitutional Court held that the limits of proportionality are crossed, in the restriction of fundamental rights to the reservation of privacy of private life and to informative self-determination and the aggression of those fundamental rights are not counterweighed by the positive effects on the fight against crime.

Guidance updates

  • Ireland’s Data Protection Commission has released guidances on data protection of children
  • CNIL has released a guidance note on the responsibilities of a controller, subcontractor or joint controller under GDPR in case of public procurement.
  • US Department of Health and Human Services has issued guidance on how health care providers and plans can use remote communication technologies in compliance with the HIPAA Rules.
  • The Privacy Commissioner for Personal Data has published updated guidance for the property management sector regarding the protection of personal data and two Investigation Reports.

Regulatory updates

  • Canada’s government has introduced the Bill C-27, ‘the Digital Charter Implementation Act, 2022’ which includes: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act.
  • UK government has published their response to the ‘Data: a new direction’ consultation which sets out how the Data Reform Bill will strengthen the UK’s high data protection standards.
  • US House and Senate have released a Bipartisan US Federal Privacy Bill, ‘American Data Privacy and Protection Act’.
  • Minnesota’s Bill relating to data practices, modifying education data provisions, classifying education support service data, and amending the Minnesota Statutes, was signed into law.

Reports published

  • Hong Kong’s Privacy Commissioner for Personal Data has published investigation report regarding the improper collection, retention, and use of residents and visitors personal data by property management companies.
  • The Swedish Authority for Privacy Protection has published report of complaints received and the recommendations made to business.
  • Denmark’s Danish Business Authority has published its 2021 annual report on cookie supervision.

EU updates

  • Finland’s Office of the Data Protection Ombudsman has issued a statement on disclosure of vehicle maintenance history data to a new owner.
  • The Danish data protection authority has announced inspections to determine if notification letters to the data subjects in the event of data security breaches are GDPR compliant.
  • CNIL has launched a study on the geolocation data of people obtained by mobile applications to raise awareness about the issues of such collection.

India updates

  • Government denies data breach and assures of data security on the new income tax portal developed by Infosys. Reports The Mint
  • NordVPN pulls serves from India after CERT-In directives on maintaining basic information of customers, citing privacy concerns. Reports Economic Times
  • The Software Alliance has published letter concerning the cybersecurity direction issued and frequently asked questions by the Indian Computer Emergency Response Team.
  • Study shows India as the sixth-most data breached country in the world indicating steady rise in cybercrime.

News around the globe

  • Pegasus Air Transport Joint Stock Company has notified Turkey’s Personal Data Protection Authority of data breach.
  • Office of the Australian Information Commissioner has issued a statement regarding retailer compliance with privacy laws.
  • Spanish data protection authority released publication on Metaverse and privacy.

Read our digital newsletter here.


© 2019 Reina Consulting LLP – All rights reserved