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Latest Updates on Privacy and Antitrust – 16th August to 22nd August, 2021
This is a rundown of last week’s news updates on Privacy and Antitrust:
China passes a new privacy law, to take effect from November 1st
China has passed a new data privacy bill, which contains strict regulations as to how to manage user data. The law, termed the Personal Information Protection Law, mandates the collection of consent when collecting user data, and details provisions as to the protection of user data when transferred outside China. The law also requires a designated individual appointed by each company for scrutinising data protection measures enacted under it. The law also places strict conditions on the collection of data, relegating it to situations only where there is a clear and reasonable purpose, and limited to the minimum scope necessary to achieve the aims of collecting data.
Teachers in Municipal Corporation of Delhi reluctant to submit attendance on an app over privacy concerns
A teachers collective group, Nagar Nigam Shikshak Sangh, has filed a petition at the Delhi High Court challenging the order of the MCD to use the MCD Smart phone application for submitting attendance due to major security concerns relating to the potential for a security breach of the person’s phone containing the app. The court has taken cognisance of the matter and issued notice to the MCD, requiring them to file the terms and conditions of the app, specifically covering the privacy settings, at the next hearing
German privacy commission claims Zoom is not in compliance with EU General Data Protection Regulations
The acting Hamburg Commissioner for Data Protection and Freedom has issued a statement that is detrimental to video conferencing app Zoom, advising the German government to avoid using the “on-demand” option for use of the Zoom platform, owing to the fact that this option conveys user data outside the country, specifically to the US, and is not in compliance with the GDPR’s provisions on data transference. The Commissioner drew this conclusion on the basis of an evaluation of legal documents submitted by the Senate Chancellery on the use of Zoom.
Data Security Council of India launches Privacy Guide for Healthcare sector
The Data Security Council of India has launched a Privacy Guide for the healthcare sector as part of its initiatives to underline the best data privacy practices in each sector and simplify the implementation of the same for large enterprises, small and medium enterprises, and startups. The guide covers steps to be taken for complying with privacy norms especially when dealing with patient centric health information.
Facebook set for another US antitrust brawl over ‘buying and burying’ rivals
The US’ antitrust regulator, the Federal Trade Commission, is reopening the investigation into social media platform giant Facebook, citing additional data and evidence to state that the company had engaged in a monopolistic practice of buying out or burying rivals to eliminate competition. The lawsuit was filed after a 3-2 vote at the FTC to file the amended complaint, wherein the Commission asks a federal judge to force Facebook to sell both Whatsapp and Instagram. The decision comes after the FTC denied Facebook’s motion to have FTC chief Lina Khan recused. The complaint provides strong details as to how Facebook would be differentiated from short video app TikTok and other social media websites like Twitter, Reddit and Pinterest.
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This Privacy and Antitrust News Bulletin is brought to you by the Trademark/Copyright, and IP Transactional Strategy Divisions of BananaIP Counsels, a Top ranked IP Firm in India. Led by Sanjeeth Hegde, BananaIP Counsels’ trademark attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to firstname.lastname@example.org with the subject: Privacy and Antitrust News.
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