Category: GDPR

Greek Data Protection Authority releases Guidance on Cookies

16. March 2020

On 25 February 2020, the Hellenic Data Protection Authority (DPA) published a guidance on Cookies and other tracking tools. Previously, the Authority had found that Greek websites and service providers have been largely failing to comply with the rules on the use of Cookies and other trackers set out by the ePrivacy Directive and the GDPR, and reaffirmed by the European Court of Justice’s ruling on Planet 49.

The guidance states that it will be relevant to HTTP/S Cookies, Flash Cookies, local storage applying to HTML 5, device fingerprinting, OS identifiers, and material identifiers.

The Greek DPA reiterated that, generally, providers are obliged to obtain the user’s consent if they are using any tracking tools – irrespective of whether the processing of personal data is taking place. It also outlined that technically necessary trackers are exempt from the obligation to consent. Furthermore, the guidance goes into detail on how information and consent can be made available on websites specifically.

Lastly, the Authority has given Greek website providers a grace period of two months to implement the provisions of this guidance and thereby become compliant with the European rules on tracking tools.

EDPB publishes GDPR Implementation Review

The European Data Protection Board (EDPB) released a review dated from February 18th, in a contribution to the evaluation of the General Data Protection Regulation (GDPR), which has reached its 20th month of being in effect.

Overall, the EDPB stated that it has a positive view of the implementation of the legislation in the different European Countries over the past 20 months. Furthermore, it deems a revision of the legislative text as likely, but not yet necessary in the near future.

The EDPB praised the Data Protection Authorities and their work up til now, saying it hopes that the cooperation between them will create a common data protection culture and consistent monitoring practices. But the report also mentioned that Supervisory Authorities in the countries face restrictions due to different national procedures and practices, which can hinder the cooperation. Furthermore, the EDPB sees a need to increase the funding for Supervisory Authorities to improve and support their duties.

On another note, the EDPB has acknowledged the challenges of implementation for Small to Medium sized Enterprises (SMEs). It says it is aware of these challenges, and works together with Supervisory Authorities to facilitate the supporting tools they have put out in order to support SMEs.

Lastly, it raised concerns about the timeframe of the new ePrivacy Regulation, and urged lawmakers to bundle their focus and efforts to carry on with its development.

Dutch DPA fines Tennis Association

12. March 2020

The Dutch Data Protection Authority has fined the Royal Dutch Tennis Association (“KNLTB”) with EUR 525,000 for selling personal data of more than 350,000 of its members to sponsors who had contacted some of the members by mail and telephone for direct marketing purposes.

In 2018, the KNLTB illegally provided personal data of its members to two sponsors for a fee. One sponsor received personal data from 50,000 members and the other sponsor from more than 300,000 members. It turned out that the KNLTB sold personal data such as name, gender and address to third parties without obtaining consent of the data subjects.

The KNLTB found that it had a legitimate interest in selling the data. However, the data protection authority rejected the existence of a legitimate interest for the sale of the data and therefore decided that there was no legal basis for the transfer of the personal data to the sponsors. The KNLTB has objected to the fine decision. The Dutch Data Protection Authority will assess this.

 

 

German Robert-Koch-Institute discusses mobile phone tracking to slow down the spreading of the Coronavirus

9. March 2020

According to a news report by the German newspaper “Der Tagesspiegel”, a small group of scientists at the Robert-Koch-Institute (RKI) and other institutions are currently discussing the evaluation and matching of movement data from mobile phones to detect people infected with the Coronavirus (COVID-19).

The scientists, who are trying to slow down the spreading of the disease, complain about the problem of the time-consuming and vague questionings of infected people on who they came in contact with. The evaluation and matching of mobile phone data may be more accurate and could speed up the process of identifying infected people, which could be essential for saving lives.

In a comment, the German Federal Commissioner for Data Protection Ulrich Kelber expressed that this procedure may cause large data protection issues, especially with regards to having a legal basis for processing and the proportionality of processing according to the GDPR.

Belgian DPA releases Direct Marketing Recommendation

4. March 2020

On February 10, 2020, Belgium’s Data Protection Authority (the Belgian DPA) has released their first recommendation of 2020 in relation to data processing activities for direct marketing purposes.

In the recommendation the Belgian DPA addressed issues and action proposals in regards to the handling of direct marketing and the personal data which is used in the process. It emphasized the importance of direct marketing subjects in the upcoming years, and stated that the DPA will have a special priority in regards to issues on the matter.

In particular, the recommendation elaborates on the following points, in order to help controllers navigate through the different processes:

  • The processing purposes must be specific and detailed. A simple mention of “marketing purposes” is not deemed sufficient in light of Art. 13 GDPR.
  • It is important to guarantee data minimization, as the profiling that accompanies direct marketing purposes calls for a careful handling of personal data.
  • The right to object does not only affect the direct marketing activities, but also the profiling which takes places through them. Furthermore, a simple “Unsubscribe” button at the end of a marketing E-Mail is not sufficient to withdraw consent, it is rather recommended to give the data subject the opportunity to a granular selection of which direct marketing activities they object to.
  • Consent cannot be given singularly for all channels of direct marketing. A declaration for each channel has to be obtained to ensure specification towards content and means used for direct marketing.

The Belgian DPA also stated that there are direct marketing activities which require special attention in the future, namely purchasing, renting and enriching personal data, e.g. via data brokers. In such cases, it is necessary to directly provide appropriate information to the data subject in regards to the handling of their data.

Further topics have been brought forth in the recommendation, which overall represents a thorough proposal on the handling of direct marketing activities for controller entities.

EDPS publishes opinion on future EU-UK partnership

3. March 2020

On 24 February 2020, the European Data Protection Supervisor (EDPS) published an opinion on the opening of negotiations for the future partnership between the EU and the UK with regards to personal data protection.

In his opinion, the EDPS points out the importance of commitments to fully respect fundamental rights in the future envisaged comprehensive partnership. Especially with regards to the protection of personal data, the partnership shall uphold the high protection level of the EU’s personal data rules.

With respect to the transfer of personal data, the EDPS further expresses support for the EU Commission’s recommendation to work towards the adoption of adequacy decisions for the UK if the relevant conditions are met. However, the Commission must ensure that the UK is not lowering its data protection standard below the EU standard after the Brexit transition period. Lastly, the EDPS recommends the EU Institutions to also prepare for a potential scenario in which no adequacy decisions exist by the end of the transition period on 31 December 2020.

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.

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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