Issues Remain to Be Resolved as Congress Considers Comprehensive Privacy Protections in 2020

As 2020 begins, Congress continues on a path toward providing consumers with greater protections for their data, lawmakers have exhibited a rare willingness to work toward consensus on the issue. Bills introduced by members of Congress in 2019 often shared more in common than not. But a hearing (https://www.commerce.senate.gov/2019/12/examining-legislative-proposals-to-protect-consumer-data-privacy) held late in the year by the Senate Committee on Commerce, Science and Transportation revealed differences that remain to be resolved before any bill will pass. The Committee brought together a diverse panel of five witnesses that included former FTC Commissioners, Vice Presidents of major technology companies and a representative of a civil liberties organization. The panelists largely agreed…

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Data Protection Conference in Tirana Forecasts an International Focus in 2020 on Converging Privacy Laws and Accountability

Last fall, the International Data Protection and Privacy Commissioners’ Conference convened in Tirana, Albania. Achieved Compliance once again participated in this annual meeting, which brings together regulators, experts, advocates and practitioners from around the globe. By attending this meeting, Achieved Compliance benefits from the opportunity to understand what concerns data protection authorities and on what issues they will focus their attention over the coming year. The theme of this year’s meeting was Convergence and Connectivity:  Raising Global Data Protection Standards in the Digital Age. The conference posed the questions – How are laws converging, and what factors are driving convergence? What are the challenges in building more convergence…

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GDPR Identity Verification

Loose Identity Verification Puts You at Risk for Fraud

Subject Access Requests (SARs) under the GDPR Now is the time to tighten up your identity verification methods. Without tight verification methods, you open yourself up to GDPR regulators and you put your customers at risk of being a victim of fraud. Individuals Can Request Access to Their Personal Data Article 15 of the GDPR gives individuals a “right of access” to their personal data, under which they can request specifics about the personal data a business holds about them, or the organization’s purpose for processing the data, the categories of personal data held, who has access to the data, whether or not it will be transferred outside of…

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Poland Imposes Fines for Web-Scraping of Personal Data When Notification to Individuals Did Not Occur

Poland’s data protection agency issued its first fine under the EU’s General Data Protection Regulation (GDPR), imposing a 220,000 euro fine to Bisnode, a European digital marketing company headquartered in Sweden. The Poland Personal Data Protection Office (UODO) determined that the company had failed to inform individuals that it was processing their data after scraping that data from websites. Notification is required under Article 14. In addition to the fine, UODO required Bisnode to contact the nearly six million people it had not already contacted as required by the GDPR and gave the company three months to comply with the order. Article 14 obligates data controllers to inform…

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EDPB Releases New Guidance: When Can Companies Rely on the Need to Fulfill the Terms of a Contract as a Legal Basis to Process?

On April 12, 2019, the European Data Protection Board (“EDPB”) published draft guidelines on the legal basis for processing personal data that involves providing online services to data subjects (the “Guidelines”). Specifically, they discuss when companies can rely on Article 6(1) – that processing can take place in the context of fulfilling the terms of a contract – and what conditions must be established to do so. The Guidelines make clear that this basis is narrower than it is often interpreted to be, and that companies must take care that they meet certain requirements. Background To lawfully process data, companies must establish one of six legal bases articulated in Article…

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