Lily Li - Metaverse Law - Data Privacy - Critical Mass

Metaverse Law on Critical Mass Radio Show

On February 13, 2019, Lily Li of Metaverse Law appeared on Critical Mass Radio Show to discuss trends in privacy law and general pointers for businesses. Three takeaways from the show include:

  1. Regardless of the size of your company, consider data privacy. The size of your company itself is not as relevant as is the customer data you process. Even if you are a small company, but have a large customer base, chances are you should be looking at the data privacy regulation in your state. If you have customers overseas, such as in Europe, it is important to realize that you will then fall under European privacy laws. Privacy laws have to do with where your customers are, rather than simply where your company is based. Be aware and do your research to ensure that you are complying to the regulation that impacts your firm.
  2. Data belongs to the individual. While in the past, customer data was thought of as the company’s intellectual property, this is no longer the case. Customer data belongs to the individual, so treat it like it is their property ­ not just yours. Your clients have the right to tell your company what they want (and don’t want) done with their data, so it is crucial to ensure that you have a process in place to comply and verify with your customer.
  3. Put your data house in order. Data security affects many departments in your company, from the front end to the back end. As such, it is important to find a workflow so customer data is protected throughout its entire life cycle. Start by gathering all of your company’s department heads together in a room and ask them this key question: “Where do you store data?” From there, it will be clear what needs to be addressed when it comes to your data.

Listen to the full interview here:

Privacy Law Forecast for 2019

Image Credit: ID 23689850 © Steve Ball | Dreamstime.com

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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Drones and Privacy Regulation

Regulating the Skies – FAA Drone Rules for Hobbyists

In 2012, Congress placed the Federal Aviation Administration (“FAA”) in charge of regulating small unmanned aircraft systems, also known as drones. In response, the FAA promulgated regulations in 2015 and 2016 targeting the drone industry. These regulations required operators to register their systems and meet minimum safety and certification requirements, but excluded operators of preexisting model aircraft.

So far, hobbyist drone operators have used the model aircraft exclusion to temporarily block drone registrations, relying on a D.C. Circuit court opinion by Judge Brett Kavanaugh in May of 2017. Trump signed a bill reinstating the registration requirement in December 2017, however. In addition, a recent court ruling out of the D.C. Circuit Court of Appeals, Taylor v. Federal Aviation Administration (Case No. 16-302), upheld the FAA’s ability to regulate hobby drone operators.

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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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