PRIVACY + SECURITY BLOG

News, Developments, and Insights

The FTC Zoom Case: Does the FTC Need a New Approach?

Co-authored by Prof. Woodrow Hartzog It was inevitable. On Monday, Zoom joined an exclusive club of tech companies – Facebook, LinkedIn, Twitter, Microsoft, Google, Uber, Snap, and more. This club involves companies that have been under a Federal Trade Commission (FTC) consent decree. In a weird sense, for tech companies, being enforced against by the FTC […]

Brazil’s LGPD: Its Sudden Jolt to Life and Its Key Requirements

In a surprising turn of events, the LGPD–Brazil’s new privacy law–went from an expected delayed implementation to being fully active.  The twists and turns of the LGPD’s jolt to life make one’s head spin.  It was originally scheduled to become active on August 16 of this year, but then delayed until May 2021 due to […]

Video – Privacy and Women’s Equality, Leadership, and Mentorship

In this video, we discuss Privacy and Women’s Equality, Leadership, and Mentorship with Alisa Bergman (Adobe), Lindsey Finch (Salesforce), Tanneasha Gordon (Deloitte) and Susan Markel (Wirewheel). I hosted this discussion along with Justin Antonipillai (Wirewheel).

The Deal with Data Rights: An Interview with Heather Federman

Numerous privacy laws are requiring that companies provide individuals with data rights — rights to access their data, correct their data, learn about uses of their data, delete their data, and more. Administering these rights can be quite complicated for organizations.  

Video – Privacy Conversations – Schrems II Aftermath with Justin Antonipillai and Peter Swire

  In this video, I discuss the aftermath of Schrems II with Justin Antonipillai (Wirewheel) and Peter Swire (Georgia Tech and Alston & Bird). Peter Swire’s new Lawfare piece on how to address the individual redress issue is After Schrems II: A Proposal to Meet the Individual Redress Challenge.

Schrems II: Reflections on the Decision and Next Steps

Professor Paul Schwartz and I recently edited the Schrems II decision for our Information Privacy Law casebook.  Schrems II is short for Facebook Ireland Ltd. v. Maximillian Schrems — the second challenge by Maximillian Schrems to the transfer of data between the EU and US.  In Schrems I, the European Court of Justice (CJEU) invalidated the Safe […]

The Impact of the Schrems II Decision: An Interview with Wim Nauwelaerts

In Facebook Ireland Ltd. v. Maximillian Schrems (Schrems II) (July 16, 2020), the European Court of Justice (CJEU) invalidated the Privacy Shield, a widely-used method to transfer personal data from the EU to the US. The decision also put other data transfer mechanisms—Standard Contractual Clauses (SCC) and Binding Corporate Rules (BCRs)—into significant doubt. The court’s concern was the deficiency of […]

Video: Schrems II Initial Reactions with Daniel Solove, Justin Antonipillai, Gabriela Zanfir-Fortuna, Jocelyn Aqua, Ralf Sauer, and Bob Litt

  Yesterday, the European Court of Justice issued its decision in Facebook Ireland v. Schrems, a case known as Schrems II.  The court’s opinion sent shock waves throughout the privacy world.  I had a terrific discussion with Justin Antonipillai (Wirewheel), Gabriela Zanfir-Fortuna (Future of Privacy Forum), Ralf Sauer (European Commission), Jocelyn Aqua (PwC) and Bob […]

The Schrems II Decision

The European Court of Justice has finally issued its decision in Facebook Ireland Ltd. v. Maximillian Schrems — otherwise known as Schrems II. The full text of the Schrems II opinion is here. The result: The US-EU Privacy Shield Framework is invalid.  The Standard Contractual Clauses are valid.  Ultimately, this means that it is still […]