In late January 2024, Hong Kong’s privacy watchdog, the Personal Data Privacy Commission (“PCPD”) raided six premises of Worldcoin, a cryptocurrency initiative co-founded by Sam Altman, that requires an iris scan from clients for identification purposes and also for earning tokens. The PCPD conducted an investigation into Worldcoin’s operations, suspecting that its sensitive personal data (i.e. iris information) collection practices might infringe the Personal Data Privacy Ordinance (Cap. 486).Read More
By Claude-Étienne Armingaud & Sophie Verstraeten
The Information Commissioner’s Office (ICO) recently launched a consultation series on how data protection laws should apply to the development and use of generative AI models (“Gen AI”). In the coming months, the ICO will publish further views on how to interpret specific requirements of UK GDPR and Part 2 of the DPA 2018 in relation to Gen AI. This first part of the consultation focusses on whether it is lawful to train Gen AI on personal data scraped from the web. The consultation seeks feedback from stakeholders with an interest in Gen AI.Read More
Effective immediately, the Federal Communications Commission (FCC) banned AI-generated phone calls with its recent Declaratory Ruling (the Ruling). Known as audio or voice “deepfakes,” AI can be trained to mimic any person’s voice, resulting in novel scams such as grandparents receiving a call from their “grandchild” and believing they have been kidnapped or need money for bail. FCC Commissioner Starks deemed such deepfakes a threat to election integrity, recalling that just recently, “potential primary voters in New Hampshire received a call, purportedly from President Biden, telling them to stay home and ‘save your vote’ by skipping the state’s primary.”Read More
On 9 January, 2024, the Federal Trade Commission (FTC) issued its first settlement prohibiting a data broker from sharing or selling sensitive location data, and required deletion of all location data collected deceptively. The FTC alleged that X-Mode Social (“X-Mode”), and Outlogic, LLC (“Outlogic”), X-Mode’s successor firm, failed to implement reasonable and appropriate safeguards on the use of such information by third parties. X-Mode/Outlogic collected personal information, including location data via its mobile applications, which it would then sell to third parties.Read More
In its judgment dated 7 December 2023 (C-634/21 – Schufa) presented by the Administrative Court Wiesbaden (Germany), the court held that Article 22 of the GDPR (Art. 22 GDPR) applies also to probability values that are created by credit scoring agencies on the basis of personal data and used by third parties in order to decide whether the respective individual is eligible for a credit or establishing a contract.Read More
In a judgment dated 5 December 2023 (Case C-807/21 – Deutsche Wohnen) presented by the Higher Regional Court Berlin (Kammergericht), the Court of Justice for the European Union (CJEU) held that a German law permitting administrative fines against corporate entities where an identified legal representative of that entity was proven to have committed a criminal or administrative offence, which at the same time led to the corporate entity breaching its obligations, is not in line with GDPR.Read More
The UK’s Information Commissioner (the “ICO”) has recently sent warnings to the UK’s most visited websites to inform them that they may face enforcement action if they do not make changes to their cookie banner to ensure compliance with UK data protection law. For example, some websites warned by the ICO do not provide their user with a fair choice on tracking for personalised advertising. This position aligns with the EU’s stance, noting France (see prior Alert here).Read More
In recognition of Cybersecurity Awareness Month in the US, we will be bringing awareness to relevant 2023 cybersecurity updates each week.
On 28 August, the California Privacy Protection Agency (CPPA) published draft regulations regarding risk assessments and cybersecurity audits for consideration at the Board’s September meeting. The draft regulations precede the formal rulemaking process, but provide insight into CPPA’s current priorities.Read More
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”):
- Firstly to the three categories of users of generative AI services, i.e.,
- business operators who collect personal information and thus are subject to the Act on the Protection of Personal Information of Japan (APPI);
- government agencies, which may adopt generative AI services into their operations; and
- the general public; and
- Secondly to the “ChatGPT” developers/publishers.