By Dr. Thomas Nietsch and Andreas Müller
On July 24, 2024, the OLG Hamm ruled that claims for moral damages under Art. 82 GDPR are generally assignable (case number: 11 U 69/23).
Read MoreBy Cameron Abbott and Rob Pulham
In their recent article available here, Katie Staba and Corey Bieber from our Chicago office discuss emerging advertising technology issues, including new applications of the California Invasion of Privacy Act and the Video Privacy Protection Act.
By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Jordan Booth
Cybernews has reported on its researchers’ discovery of what could be the largest leaked password compilation of all time, with a record 9,948,575,739 plaintext passwords in a file called “rockyou2024.txt” (see article).
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By Amigo L. Xie, Lingjun Zhang, and Dan Wu
About four months after the Cyberspace Administration of China (CAC) released the Measures for the Standard Contract for the Export of Personal Data from China (China SCC Measures), and 15 working days after the China SCC Measures became effective, Beijing CAC published a notice announcing that a Beijing-based company passed the first-ever China SCC filing on 25 June 2023 (Notice).
Based on the Notice, the first China SCC filing relates to a cross-border personal data transfer from a Beijing-based data exporter, an online data service provider, to a Hong Kong-based data recipient. The type of data exported by the Beijing-based data exporter is personal data related to credit references as disclosed by the Notice.
The completion of the first-ever China SCC filing conveyed some positive messages to the market:
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By Yuki Sako and Aiko Yamada
Following the call for international standards on Artificial Intelligence (AI) at the recent G7 summit, on 2 June 2023, in a rare move, Japan’s Personal Information Protection Commission (PPC) issued two warnings in a publicly released letter (the “Letter”):
By Cameron Abbott, Daniel Knight, Rob Pulham, Stephanie Mayhew, and Dadar Ahmadi-Pirshahid
Amid the rapid acceleration of tools like ChatGPT and global calls for tailored regulation of artificial intelligence tools, the Australia Federal Government has released a discussion paper on the safe and responsible use of AI. The Government is consulting on what safeguards are needed to ensure Australia has an appropriate regulatory and governance framework to manage the potential risks, while continuing to encourage uptake of innovative technologies.
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By Noirin M. McFadden and Claude-Étienne Armingaud
Today, the UK data protection regulator, the ICO, has published guidance to assist employers in responding to data subject access requests (DSARs) from current and former employees. DSARs have become the primary tool for employees attempting to gain leverage against employers during a dispute or grievance process: they can be extremely time-consuming and resource intensive for employers to deal with, and it is a difficult balance to strike between upholding employees’ right of access under the UK GDPR and applying exemptions from disclosure in an appropriate way.
The new guidance covers issues that often occur when employers try to strike this balance, and notably:
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By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Dadar Ahmadi-Pirshahid
You’ve reached the end of a long week, riddled with proselytising about the importance of being privacy aware and privacy prepared. You get it! You lay your head to a well-earned rest…and like Kate McCallister wake screaming “Privacy Policy”! In true “back-to-basics” fashion, the privacy policy is getting a reboot!
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By Cameron Abbott, Rob Pulham and Stephanie Mayhew
Given the current privacy reform and cyber threat environment, the question we get asked a lot is – what are the privacy risks that should be assessed in our organisation and how do we prioritise these? Unfortunately this isn’t always a ‘one size fits all’ answer but there are some basic matters you can check as to whether your organisation is considering privacy risks proactively.
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By Cameron Abbott, Rob Pulham, Stephanie Mayhew and Dadar Ahmadi-Pirshahid
The APPs require organisations to “take reasonable steps to implement practices, procedures and systems that ensure compliance with the APPs”. Putting your mind to privacy after a data breach or complaint is very much shutting the stable door after Phar Lap has bolted (good luck getting him back!)
Good privacy management starts with a good privacy culture in your organisation. Recommended steps to develop this include:
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