On March 15, 2019, the European Data Protection Board published Opinion 5/2019 on the interplay between the ePrivacy Directive and the GDPR, in particular regarding the competence, tasks, and powers of data protection authorities. While the title is a mouthful, the 25-page document is a worthwhile read for anyone involved in electronic communications with EU personal data. And given the ubiquity of “electronic communications” the audience pool here is pretty large. Brief Background The passage of the GDPR in 2016 absorbed the focus of so... more
On Friday, February 22, the Wall Street Journal ran a story titled “You Give Apps Sensitive Personal Information. Then They Tell Facebook” (subscription required). The report gained further traction over the weekend, and by Monday, February 25th several of those identified as sharing data with Facebook had reportedly stopped doing so. Now, it is not at all unusual for different mobile apps to share data with the device maker, Facebook, or other applications. In fact, huge numbers of people intentionally share all sorts of interesting... more
For those of a certain generation the concept of “The Borg” invokes a seemingly inevitable force that pulls opponents into the “Collective” through a process of assimilation. According to the inestimable source, Wikipedia, the purpose of the Borg was to achieve perfection. This is a very brief post today to get that thought into your head and to see how we in the US – whether we like it or not –will be assimilated to the GDPR, directly or indirectly. Arguably the ‘direct’ method of... more
“Smart” devices have become common, if not pervasive, experiences of daily life. Parents may monitor a baby’s heart rate and oxygen levels through sensor enabled baby socks. Businesses may equip fleet drivers with smart hats that measure alertness to monitor for accident-causing driver fatigue. Yogis can utilize yoga clothing with integrated sensors that provides vibrating position correcting feedback to enhance their practice and experience completely virtual guided yoga. Beachgoers can monitor UV exposure through integrated monitoring sensors in their swimsuits. These types of devices comprise... more
If nature abhors a vacuum, then apparently so too does legislation. Between the EU General Data Protection Regulation and the still-evolving California Consumer Privacy Act (CCPA), there has been much discussion amongst us privacy wonks as to whether this is the time for a comprehensive federal privacy law to succeed. Whether this is the future, state legislatures are not standing by waiting patiently for Congress to act. On January 17th, Washington State legislators introduced Senate Bill 5376 (with a companion bill introduced concurrently in the... more
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