Information Governance

Lyft recently confirmed that it is investigating whether its employees were accessing its customer database without appropriate authorization to obtain personal information, including rides taken by Facebook CEO Mark Zuckerberg. The investigation was announced less than six months after Uber entered into a Federal Trade Commission (FTC) consent order to resolve allegations of similar behavior by its own employees.

The investigation demonstrates the importance of revisiting internal compliance measures in the wake of legal developments that may be relevant to a particular company or industry. Companies need to maintain comprehensive privacy programs to ensure the confidentiality of the personal information that they collect.  Such programs should include, at a minimum: Continue Reading Lyft Employees Demonstrate Need for Privacy Compliance Management

Among the more significant changes under the GDPR are new limitations on the use of consent to permit the processing of personal data. Recent WP29 guidelines on consent expand on previous opinions (for example Opinion 15/2011 regarding the definition of consent or Opinion 06/2014 regarding the legitimate interests of data controllers) and confirm that the use of consent must pass a very high bar to be effective under the GDPR.

Consent is one of six lawful bases to process personal data under the GDPR.  Article 4(11) of the GDPR defines consent as: “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” Continue Reading Analysis: WP29 Guidelines on Consent Under the GDPR