Melinda L. McLellan

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International Data Protection Update – Summer 2021

By Nichole Sterling, Melinda L. McLellan and Andreas Kaltsounis on September 21, 2021 Posted in Data Protection, Enforcement, EU, GDPR, International Privacy Law

This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific China’s Data Security Law and Personal Information Protection Law – This summer, the People’s Republic of China passed two new data protection laws. The Data Security Law (DSL) passed in June … Continue Reading

Updated EU Standard Contractual Clauses Are Finally Here

By Nichole Sterling, Andreas Kaltsounis and Melinda L. McLellan on June 8, 2021 Posted in EU, GDPR

On June 4, 2021, the European Union’s (EU) executive branch, the European Commission (EC), released their new Standard Contractual Clauses (SCCs) for compliant cross-border data transfers under the EU’s General Data Protection Regulation (GDPR), ending a long wait for revised SCCs. The new SCCs resolve certain practical issues companies faced when using the older versions but … Continue Reading

Highly Anticipated SCOTUS Ruling Upends TCPA Landscape

By Melinda L. McLellan and BakerHostetler on April 13, 2021 Posted in Telephone Consumer Protection Act

In a landmark decision issued April 1, 2021, the Supreme Court settled a hotly-contested debate over the definition of “automatic telephone dialing system” (or “autodialer”) under the 1991 Telephone Consumer Privacy Act (“TCPA”). The Court’s decision is likely to upend the TCPA compliance and litigation landscape, as the law’s private right of action coupled with … Continue Reading

New York Legislature Introduces CCPA Clone with Private Right of Action

By Kyle R. Fath and Melinda L. McLellan on January 8, 2021 Posted in Privacy

The 2021-22 New York State legislative session started off with a bang, featuring nearly a dozen consumer privacy bills introduced in the House and Senate on the opening day. A number of the proposals, including the New York Privacy Act and the Right to Know Act, are carbon copies of bills that were introduced in … Continue Reading

European Authorities Release Back-to-Back Drafts Addressing Cross-Border Data Transfers

By Melinda L. McLellan and Nichole Sterling on November 19, 2020 Posted in EU, GDPR

Last week, both the European Data Protection Board (EDPB) and the European Commission released highly anticipated draft documents offering guidance to organizations that engage in cross-border data transfers involving EU personal data. The EDPB, an independent body responsible for consistent application of data protection rules throughout the EU, published draft recommendations on supplemental measures for transfer … Continue Reading

Belgian Authority Raises Red Flag for DPOs with Multiple Roles

By Nichole Sterling, Andreas Kaltsounis and Melinda L. McLellan on May 29, 2020 Posted in Enforcement

Following its investigation of a personal data breach, the Belgian Data Protection Authority (DPA) issued a ruling on April 28, 2020, imposing a €50,000 fine on an organization for negligence in having appointed the company’s head of compliance, risk and audit as its data protection officer (DPO). This decision should cause entities to reconsider appointing … Continue Reading

Focus on Children’s Privacy Intensifies as Daily Life Moves Online

By Carolina Alonso and Melinda L. McLellan on April 9, 2020 Posted in Children’s Privacy

With physical schools closed indefinitely, classrooms have moved online, either introducing or significantly expanding children’s use of virtual education technology and highlighting certain privacy concerns. Responding to this evolving environment, on April 9 the Federal Trade Commission (FTC) issued COPPA Guidance for Ed Tech Companies and Schools during the Coronavirus to address some common compliance … Continue Reading

The Privacy Governance and Technology Transactions Team

By Janine Anthony Bowen and Melinda L. McLellan on February 7, 2020 Posted in Consumer Data

The following story is one in a six-part series devoted to the pioneering teams that comprise the firm’s new Digital Assets and Data Management Practice Group. A prime example of BakerHostetler’s preeminence in the legal industry is on display in its latest Practice Group, Digital Asset and Data Management (DADM), which offers holistic, enterprise-wide risk … Continue Reading

Following SCOTUS Cert Denial, Facebook Settles BIPA Case for $550 Million

By Kamran Salour and Melinda L. McLellan on January 31, 2020 Posted in Biometrics

One decision, two far-reaching effects. This aptly describes the Supreme Court’s Jan. 21, 2020, decision to deny Facebook’s petition for certiorari in Patel v. Facebook. The Supreme Court’s denial spelled an end to Facebook’s nearly five-year quest to dismiss this case, which began in August 2015 when three Facebook users filed a consolidated putative class action alleging that … Continue Reading

CCPA Exceptions: What Qualifies as Activity ‘Wholly Outside’ of California?

By Melinda L. McLellan and Arielle Brown on September 18, 2019 Posted in CCPA

Much has been said about the scope of the California Consumer Privacy Act (CCPA) and the far-reaching implications the law will have on businesses throughout the United States. Although it is true that the territorial reach of the law is broad, it is not without limits. The CCPA explicitly includes a geographic exception that may … Continue Reading

CCPA Amendment Progress Report: July Update

By Melinda L. McLellan and Taylor A. Bloom on July 25, 2019 Posted in CCPA

As we reported in April, May and June, a number of potentially significant amendments to the California Consumer Privacy Act (CCPA) continue to make their way through the state legislative process. Below we provide a summary of recent developments from earlier this month, including changes that may materially affect how businesses approach their CCPA compliance … Continue Reading

In BIPA’s Wake, a Wave of New Biometric Privacy Proposals

By Robyn M. Feldstein and Melinda L. McLellan on April 15, 2019 Posted in Biometrics

Over the past year, a host of new national, state and local laws have been introduced to regulate the collection and use of biometric information. Although these proposals vary in their requirements, certain elements appear to be inspired in part by the Illinois Biometric Information Privacy Act (BIPA), which has been the subject of significant … Continue Reading

The California Consumer Privacy Act: Frequently Asked Questions

By Alan L. Friel, Laura E. Jehl and Melinda L. McLellan on March 27, 2019 Posted in CCPA

The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on January 1, 2020. In the wake of the CCPA’s passage, approximately 15 other states introduced their own CCPA-like privacy legislation, and similar proposals are being considered at the federal level. Among the many differences between the CCPA … Continue Reading

Privacy Shield Update: Commission Report, Ombudsperson Deadline, Brexit Guidance

By Melinda L. McLellan, Emily R. Fedeles and Kyle R. Fath on January 2, 2019 Posted in EU-U.S. Privacy Shield Framework, International Privacy Law, Online Privacy, Privacy Litigation

The end of 2018 saw heightened activity surrounding the EU-U.S. Privacy Shield Framework. This blog post provides a news roundup on the following developments: • The European Commission’s (the “Commission”) December 19th report (the “Report”) summarizing the second annual joint review that was held in October 2018. • The Report’s February 28, 2019 deadline for … Continue Reading

Wearables in The Arena: The Shifting Legal Landscape Governing Fitness Trackers in Professional Sports

By Melinda L. McLellan, Ron Gaither, Elizabeth McCurrach and Robyn M. Feldstein on December 17, 2018 Posted in Biometrics, Internet of Things

The use of wearable technology (colloquially known as “wearables”) has been on the radar of athletes, sponsors, sports teams and leagues for years, with the various constituencies carefully balancing the necessity for player privacy with growing professional and financial interests. Following the Supreme Court’s decision in Murphy v. NCAA, which overturned the Professional and Amateur … Continue Reading

Court Limits 2015 Text Marketing Rules, Gives New FCC an Opportunity to Provide Clarity

By Alan L. Friel and Melinda L. McLellan on March 19, 2018 Posted in Advertising, Marketing

On March 16, the D.C. Circuit issued a long-awaited decision in a challenge to the Federal Communications Commission’s July 10, 2015 Declaratory Ruling and Order regarding the Telephone Consumer Protection Act (the July 2015 Order). We have previously explained the challenges created by the July 2015 Order here and here. On the whole, the unanimous 3-0 Decision offers some good … Continue Reading

Clock Ticking, European Commission Launches GDPR Implementation Guidance Website

By Melinda L. McLellan and Aaron Lancaster on January 26, 2018 Posted in Enforcement, International Privacy Law

With only four months remaining until the EU General Data Protection Regulation takes effect on May 25, 2018, the European Commission has launched a new website offering guidance on requirements and implementation targeted at an array of stakeholders including Member State governments, businesses, data subjects, and other entities whose operations or data processing activities will … Continue Reading

From the Mouths of Babes: FTC Issues COPPA Enforcement Policy Regarding Voice Recordings

By Carolina Alonso, Alan L. Friel and Melinda L. McLellan on November 7, 2017 Posted in Children’s Privacy, Enforcement, Internet of Things, Online Privacy

On October 23, the Federal Trade Commission (FTC) released new guidance on how the Children’s Online Privacy Protection Act (COPPA) Rule may apply to audio recordings of children’s voices collected by websites and online services. Reflecting the FTC’s recent focus on privacy and security concerns related to the Internet of Things (IoT), the nonbinding Enforcement … Continue Reading

Privacy Shield Update: Ahead of First Joint Review, Europeans Remain Skeptical as FTC Announces Enforcement Actions

By Melinda L. McLellan and Emily R. Fedeles on September 12, 2017 Posted in Enforcement, International Privacy Law

On September 8, 2017, the Federal Trade Commission (FTC) announced enforcement actions against three companies alleged to have falsely claimed participation in the EU-U.S. Privacy Shield Framework. The move follows several months of uncertainty surrounding the Framework’s future as EU officials and privacy advocates have questioned its efficacy and validity in the run-up to the … Continue Reading