News – Privacy Associates International LLC
- Article 29 Working Party Issues Revised Consent Guidelines (6/28/2018)
The Guidelines on Consent under Regulation 2016/679 WP259 rev 01 were last revised and adopted on April 10, 2018. The Guidelines provide in part that the “obligation is on controllers to innovate to find new solutions that operate within the parameters of the law and better support the protection of personal data and the interests of data subjects.” The document makes good use of examples in attempting to further the understanding of what true consent is and what it looks like to recognize it. http://pdf 20180416_Article 29 WP Guidelines on Consent_publish.pdf (280 Kb)
- US Feds Need Warrants to Access Cellphone Location Records (6/28/2018)
On June 22, 2018, the US Supreme Court in Carpenter v. United States, a 5-4 decision, held that the federal government needs a warrant to access cellphone location records. The government in seeking to uphold Carpenter’s lower court conviction, which during the trial made use of extensive use of cell tower location information obtained from service providers, argued that individuals do not have a legitimate expectation of privacy in cell phone records. Citing the “third party doctrine” a doctrine under which information provided to third parties voluntarily eliminates a reasonable expectation of privacy in the information it was contended Carpenter had no privacy interest in the information. The Court disagreed with the government and sided with Carpenter. It held that individuals do have a legitimate expectation of privacy in their cell phone location records and the government needed a warrant for access.
- AB-375: California Consumer Privacy Act of 2018 (6/28/2018)
If passed, California AB-375 would provide EU-style data protection measures to California residents. It would be the most expansive set of rights to date granted by any state. If the bill does not pass, an even more aggressive ballot proposal could be in the offing.
As stated in the proposed legislation, the “Legislature intends to further expand Californians’ right to privacy by giving consumers an effective way to control their personal information, by ensuring the following rights:
(1) The right of Californians to know what personal information is being collected about them.
(2) The right of Californians to know whether their personal information is sold or disclosed and to whom.
(3) The right of Californians to say no to the sale of personal information.
(4) The right of Californians to access their personal information.
(5) The right of Californians to equal service and price, even if they exercise their privacy rights.”
Much more is included and is a must read for privacy lawyers.