Data Protection News Update 05 June

United States

FTC and the DOJ order $30.8M fine and corrective measures against Amazon’s Alexa and Ring

  • The U.S. Federal Trade Commission and the Department of Justice has announced a proposed action against Alexa that includes a USD25 million fine and numerous corrective measures.
  • This is following a joint complaint alleging Children’s Online Privacy Protection Act violations stemming from Alexa’s data deletion and retention practices for children’s voice and geolocation data.
  • The FTC has also announced a USD5.8 million fine and corrective measures against Amazon’s Ring, pending federal court approval.
  • This is following allegations that Ring customers did not consent to Amazon employees accessing video recordings.

TikTok requests that Illionois court hears privacy lawsuits

  • TikTok has requested that the lawsuits that accuse it of accessing user’s data through third party websites be heard in the US District Court for the Northern District of Illinois.
  • This is the exact courtroom where a judge approved a $92 million class-action settlement that sent users $167 checks in 2022.
  • It is expected that this is the same settlement TikTok will use in its legal defense.

EU-US Trade and Technology Council reaffirms ‘risk-based approach to AI’

  • The EU-US Trade and Technology Council has published a joint statement that reaffirms “a risk-based approach to AI to advance trustworthy and responsible AI technologies”.

Europe

AEPD publishes guidance on importance of accuracy principle in AI processing 

  • The Spanish data protection authority says in its guidance that “suitable safegaurds that prevent inaccuracy and protect from the impact of inaccurate input data must be included ‘by design’ in the implementation of the processing activity and its performance should be reviewed and updated where necessary”.

Ireland’s Data Protection Commission expected to issue $425M Microsoft fine 

  • Ireland’s DPC is expected to issue the EU GDPR fine over LinkedIn’s targeted advertising practices.
  • Reportedly, the DPC issued a preliminary decision in April over the matter, yet the final decision is yet to be officially announced.

Berlin’s DPA fines bank over automated decision-making 

  • The unnamed bank has been fined 300,000 euros for violating obligations under the EU GDPR in an automated decision that rejected a credit card application.
  • Meike Kamp, commissioner, has announced that “when companies make automated decisions, they are obliged to justify them in a valid and comprehensible manner”.

International

Toyota data leaks may extend across Asia-Pacific region 

  • Toyota has informed customers in the Asia-Pacific region that their data may be subject to leaks after its database was found to be left open for over 6 years.
  • The data involves names, addresses, phone numbers, email addresses, vehicle identification and registration numbers. 

Kuwait announces its plans to scan the fingerprints of everyone entering the country

  • Kuwait’s effort will include the installation of 49 devices to scan individual’s faces, eyes and fingerprints at all ports of entry, to then be transferred to the Criminal Evidence Department.
  • The aim is to collect all citizens’ biometric data within a year.

United Kingdom

ICO gives its update on UK Children’s Code guidance on edtech

  • The UK ICO has given the update in regard to education technology providers and servicers.
  • This is so as to clarify when an edtech provider or product falls within the scope of the Children’s Code.
  • The scope of the code is clarified as including services “likely to be accessed by children on a direct-to-consumer basis” and those “provided to children through a school, where the edtech provider influences the nature and purpose of the processing of children’s personal information”.

ICO publishes its Data Protection and Digital Information Bill opinion 

  • John Edwards, Information Commissioner, has indicated that the bill has moved to a position where he can fully support it.
  • The Commissioner discusses facets of the bill, as well as its work to provide “clarity and regulatory certainty” and ensure a “proportionate approach to demonstrating accountability”.

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