Privacy Law Forecast for 2019

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This past year was quite a whirlwind for privacy and cybersecurity watchers. Just to sum up a few of the top events of last year:

  • Facebook’s Cambridge Analytica scandal rocked political headlines
  • Europe introduced the GDPR, the most comprehensive data protection legislation to date in the world
  • California enacted the California Consumer Privacy Act, becoming the first US state to create GDPR-style rules
  • Google came under fire for allowing app developers to read your email, and track your location (even with location tracking off!)
  • Marriott’s guest reservation system was hacked, exposing the personal information of up to 500 million guests, including passport numbers and payment numbers for some of those hacked

What will happen in 2019? Here are our top 5 predictions:

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California Consumer Privacy Act vs GDPR

California Consumer Privacy Act vs GDPR – How to Maximize Your Privacy Compliance Program

California’s recent passage of the Consumer Privacy Act of 2018 now places the world’s fifth-largest economy under European style data protection rules. Given the new law, US businesses that were previously hesitant to implement GDPR are now reconsidering their position.

Luckily, the GDPR and the California Consumer Privacy Act (CCPA or CaCPA) share some similarities. Both provide for consumer-facing privacy notices, data access rights, and data portability. As businesses automate their GDPR compliance processes, they should also leverage those same processes under the CaCPA to save significant time and expense.

Below, we have listed five common operational steps that all businesses should take in their GDPR and CaCPA privacy compliance programs:

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CJEU-applies-GDPR-to-preaching

EU Court Finds GDPR Applies to Religious Preaching

On July 10, 2018 the Court of Justice of the European Union (CJEU) published an opinion finding that the General Data Protection Regulation (“GDPR”) applied to the collection of personal data during “door-to-door” preaching by the Jehovah’s Witnesses religious community. This data included the name and addresses of individuals contacted, and in certain cases, the individuals’ religious beliefs and family circumstances. Members of the Jehovah’s Witnesses community used this data to coordinate preaching efforts across territories and to maintain lists of individuals who did not wish to be visited.

The judgment in this case (CJEU C-25/17) highlights the broad scope of the GDPR in several ways. First, it shows the limitation of the “personal or household” exception to the GDPR.

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Keeping up with Privacy Laws: Lily Li on The Gen Why Lawyer Podcast

On July 2, 2018 attorney Lily Li appeared as a guest star on The Gen Why Lawyer Podcast. During the half-hour segment, Ms. Li discussed starting her own dedicated privacy practice, the recent enactment of the General Data Protection Regulation, and growing developments in state privacy regulation.

Listeners may tune into this broadcast on ITunes, Stitcher, and The Gen Why Lawyer website at the links below:

 

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The Gen Why Lawyer is a weekly podcast hosted by California Patent Attorney and Millennial, Karima Gulick. Join Karima each week as she chats with some of the greatest innovators and leaders in the legal profession. Listen in to hear their inspiring stories and learn from their insight on how to build a meaningful life and fulfilling career. For more information, check out their website.

Metaverse Law Discusses GDPR and State Privacy Laws on KUCI 88.9 FM Privacy Piracy Radio

On Monday, June 25 at 8 A.M. Pacific, attorney Lily Li appeared as a guest star on KUCI 88.9 FM’s Privacy Piracy radio show. During the half-hour segment, Ms. Li discussed the impact of the recent General Data Protection Regulation, growing developments in state privacy regulation, and the California Consumer Privacy Act.

To listen to this broadcast, please click on the MP3 below.

KUCI 88.9 FM is a commercial free radio station, based out of the University of California – Irvine. For more information, see http://kuci.org/

Privacy Piracy is a half-hour public affairs radio show broadcasting on KUCI 88.9 FM. The show is co-hosted by attorney and privacy consultant Mari Frank and production engineer Lloyd Boshaw. For more information, see http://privacypiracy.org/

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