Privacy News Archives - Page 7 of 10 - California Lawyers Association

Ninth Circuit Holds Data Scraping is Legal in hiQ v. LinkedIn

May 9, 2022

The Ninth Circuit court of appeals has yet again, held that data scraping public websites is not unlawful. hiQ Labs, Inc. v. LinkedIn Corp., decided on April 18, affirms the court’s previous decision that plaintiffs may not rely on the Computer Fraud and Abuse Act (“CFAA”) to enjoin third parties from scraping data from their websites. Data scraping refers to the extraction of data from websites, whether public facing or not. Because that practice is not per se illegal, parties must rely on statutes like the CFAA to protect that data. Read more

Cyber Incident Reporting Act Imposes New Cybersecurity Responsibilities on Critical Infrastructure

May 9, 2022

On March 15, 2022, President Joseph Biden signed H.R. 2471, the Consolidated Appropriations Act, 2022, into law. Division Y of the Appropriations Act, titled the “Cyber Incident Reporting for Critical Infrastructure Act of 2022” (the Act), establishes new cybersecurity reporting requirements for the owners or operators of critical infrastructure. Read more

European Data Protection Board Publishes Guidelines on Dark Patterns in Social Media Platforms

May 9, 2022

In March 2022, the European Data Protection Board published its draft "Guidelines 3/2022 on Dark patterns in social media platform interfaces: How to recognise and avoid them" (the "Guidelines") for public consultation. While these guidelines were drafted specifically with social media platforms in mind, they can also provide recommendations and guidance that are relevant for the design of any websites and applications given that the existence of a "dark pattern" may constitute a breach of certain GDPR requirements such as consent. Read more