Privacy Law Update: June 14, 2021

Stay up to date with this weekly release covering key developments on data privacy laws, technology, and other hot privacy topics!

Newsworthy Updates

A Deeper Dive Into The New Standard Contractual Clauses

The good news is that the new SCCs allow companies to take a risk-based approach when making assessments on whether a third country’s access laws and practices provide adequate protection for personal data. This approach was disputed by the European Data Protection Board (EDPB) and the European Data Protection Supervisor in their joint opinion on the Commission’s draft SCCs which was published in November 2020 (the Joint Opinion) who consider that even theoretical access to personal data is of concern. Companies now have 18 months to update their supplier contracts and other data export arrangements.

As Ad Tech Firms Test Ways To Connect Google’s Floc To Other Data, Privacy Watchers See Fears Coming True

Google’s automated cookieless ad targeting method — or Federated Learning of Cohorts — is supposed to protect privacy by providing people with a greater degree of anonymity than the third-party cookie offered. Instead, it may make it quicker and easier for advertising companies to identify and access information about people online. As privacy and data ethics advocates warned, companies are starting to combine FLoC IDs with existing identifiable profile information, linking unique insights about people’s digital travels to what they already know about them, even before third-party cookie tracking could have revealed it. And identity tech firms say the IDs will help improve the accuracy of systems that detect people’s identities and could even serve as persistent identifiers.

Apple Is Turning Privacy Into A Business Advantage, Not Just A Marketing Slogan

Apple unveiled new versions of its operating systems on Monday which showed that the company’s focus on privacy has taken a new turn. It’s not just a corporate ideal or a marketing point anymore. It’s now a major initiative across Apple distinguishing its products from Android and Windows competition.

Pending Privacy Legislation

• Nevada SB 260, omnibus privacy, approved by gov 6/2, effective October 1, 2021.
• Maine LD 1529, right to privacy, carried over recommended by Judiciary on June 7.
• New York SB 6701, omnibus privacy, pending on Senate floor – contains a private right of action
• New York AB 680, consent prior to selling PII – amended in Assembly Consumer Affairs and Protection
• Ohio Personal Privacy Act introduced

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