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Авторская подборка новостей из мира приватности от Олега Блинова, (англ)

🔹 European Commission criticizes Dutch DPA's interpretation of legitimate interest. The Dutch DPA decided that the profit motive of VoetbalTV could never constitute a ‘legitimate interest’ for the broadcasting of the images without the individual consent of players and the public. The EC reached out to the DPA and voiced its disagreement with the Dutch DPA’s assessment. The DPA was left unmoved. Consequences: the regulatory environment grows more burdensome each day, it is always an uphill battle to prove LI.

🔹 European DPAs get Facebook Data Transfer Decision by Irish DPC. Irish DPA proposed to prohibit FB from transferring data to the US. Couple of important points: No immanent stop. The DPC’s Draft Decision will not lead to an immanent stop of data transfers. No fine. Consequences: use of US-based services (incl. Amazon) is in danger

🔹 Ireland: DPC issues reprimand to Twitter, requiring revisions to policies and procedures for handling erasure requests. Couple of interesting points on whether companies may required passport ids to verify user requests. Most interesting is that Twitter disclosed that it does not fully destroy user profiles, but keeps data afterwards (para 27).

🔹 Norway: Datatilsynet receives complaint from Norwegian Consumer Council regarding Google. In particular, the Datatilsynet stated that the Consumer Council believes that Google manipulates users to choose the least privacy-friendly options through cunning design and misleading information. In addition, the Datatilsynet stated that the complaints also point out that Google’s collection and use of users’ information is excessive compared to the requirements set for transparency and legitimate use. Consequences: yet to be seen whether the regulator agrees with the activists.

🔹 USA: CARU finds Outright Games in violation of COPPA and recommends corrective measures. CARU found that the design of the same app allowed users under the age of 13 to easily bypass the age-gating features intended to restrict the content on the app that can be available to them.

🔹 Is the use of cookie walls acceptable? A few words about the new CNIL position. Interesting position that websites may charge a reasonable fee to avoid tracking. Seemingly it is in conflict with definition of consent and earlier case where Grindr was fined for such behaviour. Consequences: None

🔹 European Data Protection Board Publishes Guidelines on Certification as a Tool for International Personal Data Transfers. Interesting to see if certification will become an alternative to the SCCs. But this is years away as no authority has yet proposed a certification mechanism. Consequences: None

JD Supra

European Commission criticizes Dutch DPA's interpretation of legitimate interest

The European Commission (EC) has proactively reached out to the Dutch Data Protection Authority (DPA) to criticize its interpretation of legitimate interest under the GDPR. The criticism is in...

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