Illinois bill aims at eliminating BIPA (Biometric Information Privacy Act)’s private right of action

On February 25, 2019, an Illinois Senator introduced SB2134 to amend the Biometric Information Privacy Act (740 ILCS 14/1 et seq., BIPA) creating a  private right of action. The bill is currently in Committee. The majority of BIPA claims have been brought against businesses as class actions seeking statutory damages.   Synopsis Amends the Biometric […]

ECC and BEREC Regulation enter into force

On December 20, 2018, the new European Electronic Communications Code (EECC) and the BEREC Regulation entered into force. The EECC represents a major reform of the European telecom regulatory framework. The BEREC Regulation is an associated regulation concerning the Body of European Regulators for Electronic Communications (BEREC). They are both part of the Digital Single […]

Ardi Kolah, Cloud Service Providers under the GDPR

The author discusses how cloud service providers may be considered Data Processor under the EU General Data Protection Regulation (GDPR) if they provide “data processing services (e.g. storage) on behalf of the Data Controller without determining the purposes and means of processing (Art.4(7) and (8), GDPR).” The article draws a line between duties and responsibilities […]

SCOTUS to decide whether a warrant is needed to obtain location data from cellphone carriers

On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States […]

EDPS’s Opinion on Personal Information Management Systems

On October 20, 2016, the European Data Protection Supervisor (EDPS) published Opinion 9/2016 on Personal Information Management Systems, PIMS. The opinion acknowledges that the recently adopted GDPR provides for increased transparency, powerful rights of access and data portability, giving individuals more control over their data. However, the EDPS highlighted how market conditions and business practices can […]