Brief Snapshot: Papa John’s is being sued by a customer – not for its pizza but for allegedly breaking the US Wiretap Act and CIPA by snooping on how he browsed the pie-slinger’s website. Regulations Involved: Wiretap Law, California Invasion of Privacy Act (CIPA) Jurisdiction: Federal District Court, Southern California Issue: The proposed class-action suit […]
The AADC (Age-Appropriate Design Code Act)
Both chambers of the legislature in California just passed the Age-Appropriate Design Code Act (AADC) unanimously. Here’s a brief snapshot- Applicability: It applies to any business that provides an online service, product, or feature likely to be accessed by children. Definition of a Child: The Act defines a child as a consumer under 18 years of […]
Why does the FCC want TikTok removed from Google and Apple Store?
Hi guys, as I was reading various articles on the FCC’s Commissioner’s messages to Apple and Google’s CEO, I found out other information and decided to compile it here for a quick snapshot. Highlights from FCC Commissioner Brendan Carr’s message to Apple and Google CEOs Tik Tok Facts What data does Tik Tok collect? TikTok […]
The Video Privacy Protection Act of 1988 (VPPA)
Why it was enacted: The Video Privacy Protection Act of 1988 (VPPA) was passed in response to the disclosure and publication of then-Supreme Court nominee Robert Bork’s video rental records. Although the records revealed that Judge Bork watched innocuous films, the disclosure was considered a gross invasion of his privacy. Highlights: Private right of action […]
Genetic Information Nondiscrimination Act of 2008 (GINA)
What did GINA do? Created new national limits on the use of genetic information in health insurance and employment Highlights: · Prohibits health insurance companies from discriminating on the basis of genetic predispositions · No private right to action -but private rights of action may be available under the federal laws that GINA revises as […]
Family Educational Rights and Privacy Act (FERPA)
FERPA AKA Buckley amendment, about Senator James Buckley, who supported its enactment. FERPA includes major aspects of Fair Information Practice Principles (FIPPs), such as notice, consent, access and correction, security, and accountability.Provides students with control over disclosure and access to their educational records· Applies to all educational institutions that receive federal funding· No private right […]
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Enacted as part of the American Recovery and Reinvestment Act of 2009 to promote the adoption and meaningful use of health information technology Updated by Health Information Technology for Economic and Clinical HealthAct of 2009 (HITECH) Regulated by the Department of Health and Human Services(HHS) Does not preempt stricter state privacy laws (Ex: California Medical […]
“IAB Europe-TCF= Fine by Belgian DPA”
The Belgian DPA found that the Transparency and Consent Framework (TCF) developed by IAB Europe, fails to comply with a number of provisions of the GDPR. Background The Belgian DPA received complaints in 2019 about its reliance on the OpenRTB Protocol which focuses on real-time bidding and the automated use of user profiles within online […]
Austrian DPA on Google Analytics- A Quick Analysis
Quick Snapshot of the case DPA’s Observations Data transmitted through Google Analytics is Personal Data: In the DPA’s opinion, it is theoretically possible to link the transferred data back to a natural person through the combination of the vast amount of data transmitted. Therefore, a link to a person can be established (see Art. 4(1) […]
EDPB Guidelines on Transfer of Data to 3rd Countries- A Synopsis
This article is a high-level overview of the 48 pages of the EDPB’s guidelines on the transfer of data to third countries. It is all about accountability. Accountability in Data Transfers The first thing the guideline talks about is accountability. Accountability in Practice Step I Step II Step III Step IV- Supplementary Measures Effective Supplementary […]