Just days before the EU Commission reassesses the EU-US Privacy Shield program in light of the EU Parliament’s recent adequacy criticisms, the Federal Trade Commission (FTC) announced settlements with four companies allegedly falsely claiming participation in the program. One of the issues the EU Parliament cited this summer with the EU-US Privacy Shield program was lack of US oversight and enforcement. Continue Reading More FTC Privacy Shield Settlements, But Will It Be Enough For The EU?
On September 23, 2018, California’s governor signed into law the first round of revisions to the California Consumer Privacy Act (CCPA), the most sweeping privacy legislation in this country. California enacted the CCPA in June and it takes effect on January 1, 2020. Inspired by the European Union’s General Data Protection Regulation, the California legislature initially drafted the CCPA in haste to avoid a ballot initiative containing more onerous provisions for businesses. Not surprisingly, the hurried and voluminous legislation contained a number of issues that ranged from drafting errors to significant enforcement and compliance hurdles. Accordingly, as expected, at the end of August, the legislature passed S.B. 1121, which contained several revisions to address some but not all of those issues, including a possible enforcement delay of up to six months. Continue Reading California Governor Approves Revisions to Consumer Privacy Act
Today, in a 5-4 decision, the US Supreme Court ruled that the government’s acquisition of information regarding an individual’s location based on a cell phone record amounts to a Fourth Amendment search and generally requires a warrant. In Carpenter v. United States, the government obtained nearly 13,000 location points on Carpenter’s movements over a 127-day period from Carpenter’s wireless carrier under the Stored Communications Act (SCA). The standard for obtaining information under the SCA is much lower than the probable cause showing required for a warrant. The government used these cell phone records to show that Carpenter’s phone was near four locations that had been robbed when those robberies occurred and obtained a conviction. In reversing the decision of the Sixth Circuit and remanding the case, the Court held that individuals have a reasonable expectation of privacy in their physical movements.
Chief Justice Roberts delivered the 119-page opinion for the majority, joined by Justices Ginsburg, Breyer, Sotomayor and Kagan. Justices Kennedy, Alito, Thomas and Gorsuch each filed dissenting opinions.
In the wake of the Facebook and Cambridge Analytica scandal, another social media company, Grindr, a gay dating app, has come under scrutiny for its sharing of sensitive personal information with third parties. In particular, Norwegian research outfit SINTEF, after analyzing Grindr’s traffic, alleges that Grindr shares its users’ disclosed HIV status and last tested date , GPS location and other demographic profile information with third parties.