This last week saw significant compliance and enforcement activity with respect to both GDPR and the FTC.  Specifically, we saw two significant GDPR fines handed down by the UK Information Commissioner’s Office (ICO) against British Airways (approx. $230 million) and Marriott International (approx. $130 million).  In addition, Facebook settled with the FTC for the largest

In an opinion issued today (January 25, 2019), the Illinois Supreme Court found that a Six Flags season pass holder can claim a violation of the state’s biometric privacy law by collecting the thumbprint of plaintiff Stacy Rosenbach’s son without permission, even without alleging any actual harm.  This is an important ruling that could impact

On January 21, 2019, the French Data Protection Authority, the Commission Nationale de L’Informatique et de Libertés (“CNIL”) announced a sanction of 50 million euros against Google.  On May 25 and 28, 2018, the CNIL received complaints from two different associations, asserting that Google did not have a valid legal basis for the processing of

Over a dozen lawsuits have been filed by users and investors against Facebook after it was revealed last month that Cambridge Analytica, a political research firm, obtained personal information on millions of Facebook users. Cambridge Analytica obtained the data through a personality test app linked to Facebook accounts. Many of the lawsuits claim the information

On Wednesday, March 28, 2018, the Alabama Data Breach Notification Act of 2018 (SB318) was signed into law by the Governor, making Alabama round out the roster of 50 states with data breach notification laws.  (South Dakota’s data breach notification was signed by its governor on March 21, 2018, making it the 49

On February 21, 2018, the Securities and Exchange Commission (SEC) published a release entitled “Commission Statement and Guidance on Public Company Cybersecurity Disclosures” (“Release”).  Designed to assist public companies in preparing disclosures concerning cybersecurity risk and incidents, the release expands upon the SEC’s previous guidance in 2011 to emphasize particular areas, including board

A Berlin regional court recently ruled that Facebook’s use of personal data was illegal because the social media platform did not adequately secure the informed consent of its users. A German consumer rights group, the Federal of German Consumer Organisations (vzvb) said that Facebook’s default settings and some of its terms of service were in

On January 28, 2017, as part of Data Privacy Day, Facebook shared its data privacy principles for the first time. In a blog post drafted by Erin Egan, Facebook’s Chief Privacy Officer, Facebook posted these principles to help users understand how data is used and managed on the site. Among other things, Facebook’s data privacy

With the May 25, 2018 deadline quickly approaching, many businesses are scrambling to prepare for compliance with the EU’s General Data Protection Regulation (GDPR), and questions and conversations are heating up.  Still others are still trying to wrap their arms around what GDPR is and what it means for U.S. businesses.  For those of you

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”.

Background.  In 2009, the FTC issued an order settling charges that Sears Holdings Management Corporation (“Sears”) had failed to adequately disclose the scope of consumers’ personal information