This is a rundown of last week’s updates on Privacy:

CNIL holds modifications to Google Analytics insufficient to meet GDPR requirements

The French privacy watchdog, CNIL, has held that changes to Google Analytics’ systems will not make it compliant with the General Data Protection Regulation (GDPR), dismissing options of anonymisation and encryption proposed by Google, following its decision that data transfers to the US via Google Analytics were illegal. The CNIL held that Google could not prove that firstly the data would be anonymised before reaching US soil, and that secondly Google would still be holding encryption keys that would allow it to access personal data post encryption. The CNIL also felt that unique identifiers were not viable as they could still be used in association with other data to identify the individual. Companies wishing to continue using the tool would require explicit consent from customers to do so, but this exemption would only apply for non-systematic transfers.

Whatsapp warned by EU regulators to fix confusing terms of service within one month

Whatsapp, which is currently under investigation due to a number of consumer protection complaints lodged against it, has been warned by EU data protection agencies to take action and address the concerns regarding its Terms of Service and Privacy Policy updates and to provide clear information to its customers regarding its business model. Whatsapp has been given one month to establish that their practices comply with consumer protection laws.

US abortion centers taking steps to safeguard patients’ personal data

With the uncertainty of the decision by the United States Supreme Court probably overturning the Roe v. Wade case, making abortion illegal along with adding crimes like abetment and intendment to commit abortion, uncertainty remains about protection of confidential communications involving abortions. To avoid any criminal liability on the part of medical workers and patients, abortion clinics are recommending to their staff and their patients that they use encrypted and trail free means of communication as data surveillance could expose them to severe liability.

 

Authored by Rohan Jacob (Associate) and Snigdha Saraff (Intern).


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