Data Protection in the News - March 2021

Expert commentary from Tim Lennard with a roundup of recent data privacy stories
from around the globe

The debate and discussion about the legality of international transfers of data continued during February, the EU institutions of EDPB (European Data Protection Board) and EDPS (Supervisor) providing opinion on the revised standard contractual clauses. These ‘SCCs’ are now deemed central to the ability to transfer personal data outside the EU and its approved partners deemed to have ‘adequate’ data protection regimes.

Meanwhile the UK still pursues and expects adequacy status to be granted by the EU, while at the same time messaging the benefits of an independent regime where the benefits of data sharing are recognised alongside the importance of its protection. Of note, the upcoming ePR will become law in the EU but not in the UK where its predecessor (PECR) will still be the local statute of reference. A potential divergence will be the subject matter of discussion over coming months.

In the US, the weight of media coverage suggests a continued expectation of federal data protection legislation as more states take local action (Florida, Virginia, Minnesota) a notable exception being North Dakota where legislation was voted down.

Amongst the data ‘ethic topics’ is the use of ‘pixel’ tracking tactics, where content such as outbound emails and web pages contain invisible pixels that track a user’s engagement with content. While such use should be disclosed in privacy policies, the reality is that consumers are often unaware of this tracking of their activity. While this might be legal, is it ethical?

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