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IT’S THE LAW (09/06/2022)

Eureka!! California breaks the log jam and forges ahead with privacy legislation – in the US, and for kids! Meet the California Age-Appropriate Design Code Act (ADCA). Modeled on the UK’s Age-Appropriate Design Code, this game-changer now awaiting the governor’s signature, will go much farther than the federal Children’s Online Privacy Protection Act (COPPA) protecting teens and children by default. Specifically, online sites deemed likely to access youth data will not be allowed to share that data unless they can prove: 1) it is necessary to do so to provide a specific service, or 2) that doing so is in the young person’s best interest. Further, businesses will in most cases be required to implement the most privacy-protective settings by default, and there’s no provision built in for parents or kids to opt-out via consent.

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Fog Data Science found selling illegal data of 250M Americans to police and others

September 6, 2022

Public records acquired by the Electronic Frontier Foundation (EFF) from state and local US law enforcement agencies reveal Fog Data Science is enabling surveillance of hundreds of millions of people by collecting billions of data points captured from common phone apps and then selling it illegally – bypassing the need for buyers to obtain a search warrant. The company collects and tracks geolocation data and can trace activity over months and years. This harkens back to a 2015 class action that occurred when Carrier IQ, a now defunct company, was found tracking keystrokes belonging to millions of people, then selling the data to third parties in violation of multiple laws.

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Privacy now a major focus for companies, but reporting structure still evolving

September 6, 2022

TrustArc’s third annual Global Privacy Benchmark Report found that as the list of global laws has grown and risks become more prevalent, demands on companies have increased substantially. Now 90% of medium and large enterprises have privacy offices, but the reporting line still varies significantly, with 18% reporting to a CPO, 16% respectively to a CISO or CFO, 13% to a CTO, and 10% to a CIO.

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