On December 4, 2018, New York Attorney General Barbara D. Underwood announced a $4.95 million settlement with Oath, Inc. (formerly known as AOL), for violating the Children’s Online Privacy Protection Act (COPPA). This is the largest penalty in a COPPA enforcement case in U.S. history.
Privacy by design — or “Data Protection by Design” as it is referred to in the General Data Protection Regulation (GDPR) — is essential to meaningful privacy protection. Yet, it is often quite thin and incomplete. As I wrote a few years ago about privacy by design, “The ‘privacy’ the designers have in mind might be so focused on one particular dimension of privacy that it might overlook many other dimensions.”
Co-Authored by Prof. Woodrow Hartzog
On Wednesday, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision in LabMD’s challenge to an FTC enforcement action: LabMD, Inc. v. Federal Trade Commission (11th Cir. June 6, 2018). While there is some concern that the opinion will undermine the FTC’s power to enforce Section 5 for privacy and security issues, the opinion actually is quite narrow and is far from crippling.
While the LabMD opinion likely does have important implications for how the FTC will go about enforcing reasonable data security requirements, we think the opinion still allows the FTC to continue to build upon a coherent body of privacy and security complaints in an incremental way similar to how the common law develops. See Solove and Hartzog, The FTC and the New Common Law of Privacy, 114 Columbia Law Review 584 (2014).
Feeling stressed out about GDPR? I can help! Here are all of my GDPR cartoons and attempts at GDPR humor in one post. It’s much better to laugh than to cry . . .
Recently, I created two new GDPR training resources.
I created a 1-page visual summary of the GDPR, which I call the GDPR Whiteboard. The idea was to capture the key points of the General Data Protection Regulation (GDPR) in a succinct and visually-engaging way. It has become quite popular, receiving thousands of downloads. You can download a PDF handout version here. We’ve been licensing it to many organizations for training and awareness purposes.
GDPR Interactive Whiteboard
I subsequently created a new training module — an interactive version of the GDPR Whiteboard – the GDPR Interactive Whiteboard. When people click on each topic, the program provides brief narrated background information, presented in a very understandable and memorable way. Trainees can learn at their own pace. This program is designed to be very short — it is about 5 minutes long.
It can readily be used on internal websites to raise awareness and teach basic information about GDPR. It can also be used in learning management systems.