Your Guide To The May 2021 Ruling On Facebook’s EU-US Data Transfers

Your Guide To The May 2021 Ruling On Facebook’s EU-US Data Transfers

The Schrems saga, going eight years strong, is only getting more consequential for data transfers. Here’s a recap of the latest ruling out of Ireland. Setting the Stage, Raising the Stakes The widening disparity in data protections between the EU and the US is spelling trouble for Facebook, and potentially for US businesses of all sizes. Late last week, the Irish High Court dismissed Facebook’s attempt to block Irish authorities from investigating their data EU-US transfers. The ruling does not halt the transfers overnight, but it is a consequential development in an ongoing story eight years in the making. To make sense of the latest ruling, I have done my best to distill eight years and seven court cases into …

What Florida And Washington Are Teaching Us About Privacy Legislation

What Florida And Washington Are Teaching Us About Privacy Legislation

Last week, two of the most prominent privacy bills in the country died, in large part over a debate about a private right of action. Here’s a rundown of the ongoing disagreement and how it could shape the trajectory of US privacy. Taking Stock of State-Level Privacy Bills Ever since March 2020, our collective sense of time has had its tenuous moments, to say the least. Working from home and not holding in-person events to mark special occasions, some days seem to fly by while others float in place. But time is indeed moving along; just look at how the privacy landscape has evolved. A little over two months ago, I was giving a summary of the growing number of …

Big Tech As Its Own Privacy Regulator

Big Tech As Its Own Privacy Regulator

The privacy power-players in 2021 aren’t federal lawmakers – they’re tech giants. However, the year is young, and lawmakers already have the enthusiasm to drive privacy progress. They just need to channel it into a federal privacy law. Big Tech Calling the Privacy Shots Earlier this week, Jessica Davies succinctly summarized the current privacy situation: “Platforms, not regulators, are driving data privacy enforcement.” While state-level bills have proliferated – twenty-odd bills in 2021 alone – the lack of federal privacy legislation has allowed Google and Apple to set their own privacy standards. Davies connects the dots between many of 2021’s big privacy stories. I’d add another point to the picture. We need federal lawmakers to pursue federal privacy legislation with …