Behavioral Tracking

Privacy & Data Security Team Launches Unique GDPR Tracker Website

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“To Harmonize or Not To Harmonize: That Is the Question.” With the the GDPR fast approaching on May 25, 2018, European Member States are getting ready with the implementation of national legislation. Although the GDPR is a regulation, and directly applicable in all Member States, it has left room for country-specific legislation in several different regards (such as the processing of employee data or individual rights restrictions). Most Member States still only have draft legislation at this point, but the expectation (or at least intention) is that each country will have adopted legislation [...] Read more

ePrivacy Regulation Trilogue Negotiations Pushed back to Fall 2018; Final ePrivacy Regulation may not be in Place until 2020

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About this time last January, the European Parliament released its proposal for a new ePrivacy Regulation.  The intent of the ePrivacy Regulation is to replace the current ePrivacy regime – which consists of an ePrivacy Directive and a patchwork of local implementing legislation – with a uniform set of directly-applicable EU-wide rules.  Since the Parliament released its ePrivacy Regulation draft, both the European Council and the European Parliament have reviewed it and released their own revised drafts. The ePrivacy Regulation contains a number of important rules for companies.  Traditionally, [...] Read more

WP29 issues Guidelines on Automated Individual Decision-Making and Profiling in the GDPR

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On October 18, 2017, the Article 29 Working Party (the “WP29”) published Guidelines clarifying the new profiling and automated decision-making provisions of the General Data Protection Regulation (“GDPR”).  European Union regulatory authorities and the WP29 consider that technological developments that facilitate the creation of individual profiles, such as big data analytics, AI and machine learning, have created new risks to data protection.  As the majority of industries (insurance, marketing and finance, and even healthcare) already apply and use these new techniques today, the WP29 [...] Read more

Alston & Bird Privacy Program: Thinking Outside the Cookie Jar

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On April 29, Alston & Bird’s Los Angeles office hosted a Privacy Program on Mobile Behavioral Tracking. Dominique Shelton of Alston & Bird moderated a panel that consisted of Alston & Bird attorneys Peter Swire and David Keating and industry professionals from the Office of the Attorney General, California Department of Justice, Ghostery Inc. and Manatt, Phelps & Phillips, LLP.  The panelists discussed new tools, opportunities & risks of mobile behavioral tracking, and text messaging campaign. The discussion included the benefits, and regulatory and litigation risks of using [...] Read more

EU’s Article 29 Working Party Releases Opinion on Internet of Things Protections

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The European Union’s Article 29 Data Protection Working Party (WP29) adopted an opinion (the Opinion) on September 16, 2014 regarding data protection within the Internet of Things (IoT). Recognizing the rapid growth of the IoT, the Opinion responds to emerging data privacy concerns within the IoT, and provides recommendations for stakeholder compliance with EU data protection laws. The IoT is made up of the universe of “smart” devices and applications that communicate with each other electronically. The Opinion focuses on a subset of three IoT applications: 1) “wearable [...] Read more

Privacy Partner Dominique Shelton Authors Privacy Advisor Article on Hulu VPPA Case

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Dominique Shelton, partner in Alston and Bird’s Privacy & Data Security practice and member of the Litigation and Trial Practice group, authored an article appearing on June 19 in International Association of Privacy Professionals’ (IAPP) Privacy Advisor titled, “Court Denies Class-Action in Hulu Case, But There’s More.” In the article, Shelton discusses the Hulu consumer class-action case that has been ongoing since July 2011. Shelton points out that any company that hosts video content on its website or mobile app and includes a “Like” button [...] Read more

A+B Privacy Team Provides Analysis of California AG Privacy Report: New Best Practices Guidance Applies to all Businesses Collecting Personal Information from California Residents

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In follow up to our previous blog, California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies, regarding the release of the AG’s report, please see our recently released client advisory providing a detailed analysis of the new privacy guidance: California Attorney General Kamala Harris Releases Long-Anticipated Guidance Regarding Privacy Policy Notices . As conceived, the Report is designed to apply to all businesses, regardless of the country or state in which they operate, based on the [...] Read more

California AG Kamala Harris Issues Privacy Policy Guidance: Making Your Privacy Practices Public Contains Draft Tips for Website and Online Service Privacy Policies

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Today, California Attorney General Kamala Harris released her long-anticipated guidance on privacy policies for companies collecting information from California residents in a report entitled Making Your Privacy Practices Public (the “Report”). While the Report exceeds existing law in many respects, affected companies should take heed to review the report and be familiar with its contents as it sets forth a blue print for how the CA AG’s office views “best practices” in connection with privacy policy drafting in the areas of “Big Data,” behavioral tracking, data security, and the [...] Read more

Special Assistant Attorney General Speaks On Privacy Issues At Alston & Bird’s Los Angeles Office

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As part of the California Attorney General’s ongoing effort to educate the business community regarding privacy issues, Jeffrey Rabkin, Special Assistant Attorney General for Law and Technology, briefed business professionals, privacy officers, in-house and outside counsel on May 13, 2014, in Alston & Bird’s Los Angeles Office.   Mr. Rabkin, who serves as Special Assistant Attorney General to California Attorney General Kamala D. Harris and is the Attorney General’s principal policy advisor on technology, discussed which privacy issues the California AG’s office [...] Read more

Northern District Court Grants Summary Judgment in Favor of Hulu as to the comScore Claims But Denies Summary Judgment as to the Facebook claims

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Any company that hosts videos on their websites and uses analytics or includes a “Like” button or other social plug-in should pay very close attention to yesterday’s decision in In re Hulu Privacy Litigation Case case. As per Alston & Bird’s previous advisory, in the Hulu case, the named plaintiffs allege that Hulu wrongfully disclosed their video viewing selections and “personally identifiable information” to third parties comScore and Facebook in violation of the Video Privacy Protection Act (“VPPA”). The VPPA prohibits disclosures of personally [...] Read more