Schrems 2: The French Conseil d’Etat Dismisses a Request for Suspension of Data Transfers to the US

Schrems 2: The French Conseil d’Etat Dismisses a Request for Suspension of Data Transfers to the US

By order of 12 March 2021, the Conseil d’Etat (the French supreme administrative court) dismissed the request of various associations, including the Syndicat de la Médecine Générale (SMG) and the Ligue des Droits de l’Homme (Human Rights League), asking the interim relief judge of the Conseil d’Etat to order the suspension of the partnership between the Ministry of Health and the company Doctolib as part of the plan to accelerate vaccination against COVID-19, insofar as its online appointment booking system involved the hosting of health data with an American company (AWS).

The CJEU Sets Its Standards For Obtaining A Valid GDPR Consent

The CJEU Sets Its Standards For Obtaining A Valid GDPR Consent

By Decision of 11 November 2020 (C-61/19), the Court of Justice of the European Union (CJEU) specified the conditions applicable to obtain a GDPR compliant consent. 

Indeed, the Court ruled that the data subjects’ consent to the processing of their personal data was not valid in the following cases:

where the controller (i.e., Orange România) pre-ticked the consent box referring to a clause contained in a contract and stating that the customer has consented to the collection and storage of their personal data (in this case, their identity document); or

where it was not clear as to whether individuals could refuse the processing operations without suffering any consequences on the possibility to conclude the service agreement; or

where the individuals’ freedom of choice could be affected by requiring the individuals to complete an additional form to refuse the processing of personal data

ICO: £18.4 Million Fine On Marriott For Failing to Detect A Cyber-Attack

ICO:  £18.4 Million Fine On Marriott For Failing to Detect A Cyber-Attack

By decision of 30 October 2020, the ICO (i.e., the UK data protection authority) issued an £18.4 million fine on Marriott International Inc for failing to comply with its GDPR security obligation.

This decision stems from a cyber attack on Starwood, a company acquired by Marriot in 2016, notified to the ICO in 2018. The ICO investigation traced the cyber-attack back to 2014. It concerned million of customers’ personal information, including among other their reservation details, payment card details, and passport number. 

UK: The ICO Fines British Airways £20 Million Following A Personal Data Breach

UK: The ICO Fines British Airways £20 Million Following A Personal Data Breach

The Information Commissioner’s Office (ICO) imposed a fine of  £20m on British Airways (BA) for failing to protect the personal and financial details (payment card details) of more than 400,000 customers.

The ICO investigation revealed that the BA had not implemented adequate security measures and as a result, could not detect a cyber-attack, which took place in 2018 until BA was made aware of the attack by a third party two months later.