The Government of India plans one of the largest Facial Recognition Systems in the World

14. February 2020

The Indian Government released a Request for Proposal to bidder companies to procure a national Automated Facial Recognition System (AFRS). AFRS companies had time to submit their proposals until the end of January 2020. The plans for an AFRS in India are a new political development amidst the intention to pass the first national Data Protection Bill in Parliament.

The new system is supposed to integrate image databases of public authorities centrally as well as incorporate photographs from newspapers, raids, mugshots and sketches. The recordings from surveillance cameras, public or private video feeds shall then be compared to the centralised databases and help identify criminals, missing persons and dead bodies.

Human rights and privacy groups are pointing to various risks that may come with implementing nationwide AFRS in India, including violations of privacy, arbitrariness, mis-identifications, discriminatory profiling, a lack of technical safeguards, and even creating an Orwellian 1984 dystopia through mass surveillance.

However, many people in India are receiving the news about the plans of the Government with acceptance and approval. They hope that the AFRS will lead to better law enforcement and more security in their everyday lives, as India has a comparably high crime rate and only 144 police officers for every 100.000 citizens, compared to 318 per 100.000 citizens in the EU.

Irish Data Protection Authority investigates Google’s processing of location data

6. February 2020

The irish data protection authorty (namely The Data Protection Commission (DPC)) is, in its role as Lead Supervisory Authority, responsible for Google within the European Union.

The DPC startet a formal investigation into Google’s practices to track its user’s location and the transparency surrounding that processing.

Following a number of complaints by serveral national consumer groups all across the EU, the investigation was initiated by the DPC.  Consumer organisations argue that the consent to “share” users’ location data was not freely given and consumers were tricked into accepting privacy-intrusive settings. Such practices are not compliant with the EU’s data protection law GDPR.

The irish data protection authority will now have to establish, whether Google has a valid legal basis for processing the location data of its users and whether it meets its obligations as a data controller with regard to transparency.

The investigation will add further pressure to Google. Google is facing a handful of investigations in Europe. The DPC has already opened an investigation into how Google handles data for advertising. That investigation is still ongoing. If Google is found not complying with the GDPR, the company could be forced to change its business model.

However, there are still a number of steps before the Irish DPC makes a decision including the opportunity for Google to reply.

Indonesian President introduces a Proposal for a national Data Protection Law

5. February 2020

On 28 January 2020, Indonesian President Joko Widodo introduced a draft data protection law to the Parliament of Indonesia. When the bill passes through Parliament, Indonesia will be the fifth country in Southeast Asia to have a national data protection law, following Singapore, Malaysia, Thailand and the Philippines.

The proposal has numerous parallels to the European GDPR. It grants an array of data subject rights, like the right to access, the right to erasure and the right to restrict processing of personal data. The bill also contains a broad definition of processing and the general principle of consent, whilst allowing the processing of personal data for the performance of a contract, for compliance with a legal obligation, or for the purposes of legitimate interests.

Interestingly, the bill categorises violations against the data protection rules as criminal offenses and punishes intentional unlawful processing with up to 7 years of criminal imprisonment or punitive fines of up to 70 billion Indonesian Rupiah (4.6 million Euros). If the offender of the law is a corporation, the management or beneficiary owner can be held liable and face a prison sentence.

The Indonesian Minister of Communications and Information stresses the importance of the new date protection bill for the data sovereignty of individuals and hopes for opportunities for innovation and business in Indonesia.

US Lawmakers to introduce bill that restricts Government Surveillance

3. February 2020

On Thursday January 23rd a bipartisan group of US lawmakers have revealed a legislation which would reduce the scope of the National Security Agency’s (NSA) warrantless internet and telephone surveillance program.

The bill aims to reform section 215 of the PATRIOT Act, which is expiring on March 15, and prevent abuses of the Foreign Intelligence Surveillance Act. Under the PATRIOT Act, the NSA can create a secret mass surveillance that taps into the internet data and telephone records of American residents. Further, the Foreign Intelligence Surveillance Act allows for U.S. intelligence agencies to eavesdrop on and store vast amounts of digital communications from foreign suspects living outside the United States, with American citizens often caught in the cross hairs.

The newly introduced bill is supposed to host a lot of reforms such as prohibiting the warrantless collection of cell site location, GPS information, browsing history and internet search history, ending the authority for the NSA’s massive phone record program which was disclosed by Edward Snowden, establishing a three-year limitation on retention of information that is not foreign intelligence or evidence of a crime, and more.

This new legislation is seen favorably by national civil rights groups and Democrats, who hope the bill will stop the continuous infringement to the fourth Amendment of the American Constitution in the name of national security.

Facebook releases new Privacy Tool for global use

31. January 2020

On Data Privacy Day, Facebook launched its new privacy tool, which gives its users control over how they are tracked across the net.

In a blog post, Facebook CEO Mark Zuckerberg introduced its “Off-Facebook Activity” tool, which had been promised since May 2008, to social network’s worldwide audience. It originally had slow roll-outs throughout different countries since August 2019, but is now officially available globally.

Facebook is known for its vast reaching tracking of internet activity, ranging from doorbell apps over sellers’ websites to health apps. It had been criticized by law-makers for its tracking practices, especially considering the social network keeps tracking your data when you deactivate your account.

Now, wanting the start into the new decade to be more privacy oriented, Mark Zuckerberg is prompting Facebook users to review their privacy settings. On top of deleting your tracking history, it is now possible to turn off future tracking altogether. Though it is important to keep in mind that Facebook does not stop advertisers and businesses from targeting ads based on other factors.

Overall, the tool is supposed to complement Facebook’s Privacy Checkup feature, to allow for users to regulate their privacy more thoroughly, and more importantly, on their own terms.

UK: Betting companies had access to millions of data of children

28. January 2020

In the UK, betting companies have gained access to data from 28 million children under 14 and adolescents. The data was stored in a government database and could be used for learning purposes. Access to the platform is granted by the government. A company that was given access is said to have illegally given it to another company, which in turn allowed access for the betting companies. The betting providers used the access, among other things, to check age information online. The company accused of passing on the access denies the allegations, but has not yet made any more specific statements.

The British Department for Education speaks of an unacceptable situation. All access points have been closed and the cooperation has been terminated.

Category: Data breach · General · UK
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Germany: Large Data leak reveals Personal Data of more than 3 Million Customers

27. January 2020

The German car rental company Buchbinder is responsible for leaking Personal Data of more than 3 Million customers from all over Europe. The data leak exposed more than 10 Terabyte of sensitive customer data over several weeks without the company noticing it.

A German cybersecurity firm was executing routine network scans when it found the data leak. The firm reported it twice to Buchbinder via e-mail, but did not receive a reply. After that, the cybersecurity firm reported the leak to the Bavarian Data Protection Authority (DPA) and informed the German computer magazine c’t and newspaper DIE ZEIT.

According to c’t, a configuration error of a Backup-Server was the cause of the leak. The Personal Data exposed included customers’ names, private addresses, birth dates, telephone numbers, rental data, bank details, accident reports, legal documents, as well as Buchbinder employees’ e-mails and access data to internal networks.

The data leak is particularly serious because of the vast amount of leaked Personal Data that could easily be abused through Spam e-mails, Fraud, Phishing, or Identity theft. It is therefore likely that the German DPA will impose a GDPR fine on the company in the future.

Buchbinder released a press statement apologising for the data leak and promising to enhance the level of their defense and cybersecurity system.

Washington State Lawmakers Propose new Privacy Bill

23. January 2020

Washington lawmakers introduced in January 2020, a law that would give state residents new privacy rights. The law is called “Washington Privacy Act” (WPA).

If passed, the Privacy Act would enact a comprehensive data protection framework for Washington that includes individual rights that are very similar and go beyond the rights in the California Consumer Privacy Act (CCPA), as well as a range of other obligations on businesses that do not yet exist in any U.S. privacy law.

Furthermore, the new draft bill contains strong provisions that largely align with the EU’s General Data Protection Regulation (GDPR), and commercial facial recognition provisions that start with a legal default of affirmative consent. Nonetheless, legislators must work within a remarkably short time-frame to pass a law that can be embraced by both House and Senate within the next six weeks of Washington’s legislative session. If passed, the bill would go into effect on July 31, 2021.

The current draft provides  data protection to all Washington State residents, and would apply to entities that conduct business in Washington or produce products or services targeted to Washington residents. Such entities must control or process data of at least 100,000 consumers; or derive 50% of gross revenue from the sale of personal data and process or control personal data of at least 25,000 consumers (with “consumers” defined as natural persons who are Washington residents, acting in an individual or household context). The draft bill will not apply to state and local governments or municipal corporations. The new bill would further provide all state residents, among other rights, the ability to opt out of targeted advertising.

The new draft bill will  regulate companies that process “personal data,” defined broadly as “any information that is linked or reasonably linkable to an identified or identifiable natural person” (not including de-identified data or publicly available information “information that is lawfully made available from federal, state, or local government records”), with specific provisions for pseudonymous data.

Category: Cyber security · GDPR · USA
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Italian DPA fined Eni Gas e Luce

22. January 2020

The Italian Data Protection Authority ‘Garante‘ fined the gas and electric company ‘Eni Gas es Luce – EGL’ for two violations of the GDPR.

Reason for the overall fine of  €11,5 million is unsolicited telemarketing (€8,5 million) and activation of unsolicited contracts (€3 million).

The santions were determined taking into account the parameters indicated in the GDPR, which include the wide range of subjects involved (about 7200 customers), the pervasiveness of the conduct, the duration of the violation, the economic conditions of EGL.

Besides the fine, the Garante has ordered EGL to adopt corrective measures in order to process personal data in compliance with the GDPR and prohibited the processing of personal data of EGL’s telemarketing list without explicit consent.

The implementations will have to be introduced and communicated to Garante within established timescales, while the payment of sanctions will have to be made within thirty days.

Category: General

CNIL publishes recommendations on how to get users’ cookie consent

21. January 2020

On 14 January 2020, the French data protection authority (“CNIL”) published recommendations on practical modalities for obtaining the consent of users to store or read non-essential cookies and similar technologies on their devices. In addition, the CNIL also published a series of questions and answers on the recommendations.

The purpose of the recommendations is to help private and public organisations to implement the CNIL guidelines on cookies and similar technologies dated 4 July 2019. To this end, CNIL describes the practical arrangements for obtaining users’ consent, gives concrete examples of the user interface to obtain consent and presents “best practices” that also go beyond the rules.

In order to find pragmatic and privacy-friendly solutions, CNIL consulted with organisations representing industries in the ad tech ecosystem and civil society organisations in advance and discussed the issue with them. The recommendations are neither binding or prescriptive nor exhaustive. Organisations may use other methods to obtain user consent, as long as these methods are in accordance with the guidelines.

Among the most important recommendations are:

Information about the purpose of cookies
First, the purposes of the cookies should be listed. The recommendations contain examples of this brief description for the following purposes or types of cookies:
(1) targeted or personalised advertising;
(2) non-personalized advertising;
(3) personalised advertising based on precise geolocation;
(4) customization of content or products and services provided by the Web Publisher;
(5) social media sharing;
(6) audience measurement/analysis.
In addition, the list of purposes should be complemented by a more detailed description of these purposes, which should be directly accessible, e.g. via a drop-down button or hyperlink.

Information on the data controllers
An exhaustive list of data controllers should be directly accessible, e.g. via a drop-down button or hyperlink. When users click on this hyperlink or button, they should receive specific information on data controllers (name and link to their privacy policy). However, web publishers do not have to list all third parties that use cookies on their website or application, but only those who are also data controllers. Therefore, the role of the parties (data controller, joint data controller, or data processor) has to be assessed individually for each cookie. This list should be regularly updated and should be permanently accessible (e.g. through the cookie consent mechanism, which would be available via a static icon or hyperlink at the bottom of each web page). Should a “substantial” addition be made to the list of data controllers, users’ consent should be sought again.

Real choice between accepting or rejecting cookies
Users must be offered a real choice between accepting or rejecting cookies. This can be done by means of two (not pre-ticked) checkboxes or buttons (“accept” / “reject”, “allow” / “deny”, etc.) or equivalent elements such as “on”/”off” sliders, which should be disabled by default. These checkboxes, buttons or sliders should have the same format and be presented at the same level. Users should have such a choice for each type or category of cookie.

The ability for users to delay this selection
A “cross” button should be included so that users can close the consent interface and do not have to make a choice. If the user closes the interface, no consent cookies should be set. However, consent could be obtained again until the user makes a choice and accepts or rejects cookies.

Overall consent for multiple sites
It is acceptable to obtain user consent for a group of sites rather than individually for each site. However, this requires that users are informed of the exact scope of their consent (i.e., by providing them with a list of sites to which their consent applies) and that they have the ability to refuse all cookies on those sites altogether (e.g., if there is a “refuse all” button along with an “accept all” button). To this end, the examples given in the recommendations include three buttons: “Personalize My Choice” (where users can make a more precise selection based on the purpose or type of cookies), “Reject All” and “Accept All”.

Duration of validity of the consent
It is recommended that users re-submit their consent at regular intervals. CNIL considers a period of 6 months to be appropriate.

Proof of consent
Data controllers should be able to provide individual proof of users’ consent and to demonstrate that their consent mechanism allows a valid consent to be obtained.

The recommendations are open for public consultation until 25 February 2020. A new version of the recommendations will then be submitted to the members of CNIL for adoption during a plenary session. CNIL will carry out enforcement inspections six months after the adoption of the recommendations. The final recommendations may also be updated and completed over time to take account of new technological developments and the responses to the questions raised by professionals and individuals on this subject.

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