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Published: September 29, 2022
Happy Thursday, and a happy fourth quarter! With October mere days away, it’s a good time to start thinking about what needs to be done before 2023. We’re always striving to communicate the importance of data privacy at Osano, but with the new year around the corner, we’re putting in overtime to inform and educate.
2023 is a big year for data privacy. A number of new data privacy laws will be coming online in 2023, the most significant being the CPRA. With Sephora being hit with a $1.2 million fine after failing to meet the requirements of the CCPA, businesses have been scrambling to get compliant.
We’ve covered the Sephora settlement in a previous edition of Privacy Insider and have linked to another piece focused on the business community’s reaction in this edition of the newsletter. We’ll have our own blog post analyzing the enforcement action, too. Keep your eyes on our blog and this newsletter to read that article in the near future.
Notably, the California Attorney General notified Sephora that it was in violation of the CCPA and gave them 30 days to address their violations. Sephora, however, didn’t meet the deadline. This 30-day period is actually baked into the CCPA — since the law is relatively new, this “cure period” is an opportunity for businesses to learn and adapt.
Why bring this up now? The CPRA, which goes into effect on January 1, does away with the CCPA’s cure period. Any grace periods will be completely at the whim of the AG and the newly created Consumer Privacy Protection Agency.
Sephora wasn’t able to become compliant within 30 days, and the CPRA won’t even provide that short cure period. Now that Q4 is here, the Sephora settlement is a clarion call to get ready for 2023. After all, early preparedness is rarely regretted.
Best,
Arlo
Snapchat biometric privacy $35M class action settlement
Snap Inc. has settled a class action lawsuit, agreeing to pay the litigants $35 million. The suit alleged that Snap Inc. collected, possessed, and disclosed biometric data when users activated the lens and filter features in the Snapchat app. This would be a violation of Illinois’s Biometric Information Privacy Act (BIPA).
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ICO could impose a multi-million pound fine on TikTok for failing to protect children’s privacy
The UK’s Information Commissioner's Office (ICO) has issued a TikTok a notice of intent, signaling that it may levy a fine against the social media company. The notice of intent follows an investigation by the ICO that found the company may have processed the data of children under the age of 13 without parental consent, failed to provide the appropriate information to its users, and processed special category data. While these findings are provisional, they may translate to a £27 million fine.
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Senators push to reform police’s cellphone tracking tools
Following an AP investigation and a Federal Trade Commission (FTC) hearing on the use of the “Fog Reveal” tool, senators are pushing for legislation to regulate law enforcement’s ability to track citizens’ whereabouts using cellphone data.
“Americans are increasingly aware that their privacy is evaporating before their eyes,” said Senator Ed Market, a Massachusetts Democrat, “and the real-world implications can be devastating. Today, companies we’ve all heard of as well as companies we’re completely unaware of are collecting troves of data about where we go, what we do, and who we are.”
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Google adds new elements to its ‘Consent Mode’ to ensure your site aligns with user data permissions
Google recently updated its Consent Mode feature, which adjusts what data website pages collect based on visitors’ consent preferences. Primarily, the updates help website owners with debugging, provide greater insights into tagging and consent rates, and more.
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Brands review data privacy policies after $1.2 million Sephora settlement
The recent $1.2 million Sephora settlement has alerted businesses to the importance of data privacy and the need to become compliant before the CPRA goes into effect on January 1. The Wall Street Journal covers how companies are reacting.
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Osano blog: The lessons we learned at INBOUND 2022
Earlier this month, the Osano team had the pleasure of attending one of the most significant marketing events of the year: HubSpot’s INBOUND. Talking with marketing professionals about data privacy and how it impacts their roles was equal parts informative and surprising. Check out our blog to see what lessons we learned.
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Osano blog: What we do to stay compliant
Ever wondered what a data privacy company’s compliance activities look like? We detailed Osano’s approach to data privacy compliance in this blog post.
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Arlo Gilbert is the CEO & co-founder of Osano. An Austin, Texas native, he has been building software companies for more than 25 years in categories including telecom, payments, procurement, and compliance. In 2005 Arlo invented voice commerce, he has testified before congress on technology issues, and is a frequent speaker on data privacy rights.
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