suhling privacy consulting’s Post

Analysing the Facebook Scraping Incident In April 2021, a significant data scraping event affected approximately 533 million Facebook users worldwide. Unidentified individuals exploited Facebook's contact import feature, associating random phone numbers with user profiles and harvesting publicly accessible information. On November 18, 2024, the German Federal Court of Justice ruled that affected users are entitled to compensation for the loss of control over their data, even without demonstrating specific financial harm.   What could Facebook have done differently? 🔒 Stronger API Controls: Restrict automated scraping by improving authentication processes. 🚨 Real-Time Monitoring: Utilize AI-powered tools to detect and block unusual scraping behaviour. 📊 Rate Limiting: Impose thresholds for API calls and user requests to prevent data extraction. 🔧 Vulnerability Audits: Regularly test systems to identify and address weaknesses proactively. 🔑 Privacy by Default: Encourage users to review and tighten their privacy settings, defaulting to more secure configurations.   Key Takeaways: ·      Courts are increasingly awarding damages for loss of data control, even without proving financial harm. ·      This case reinforces the importance of a proactive, user-cantered approach to data protection. ·      Privacy Professionals must emphasize security-by-design principles and rigorous compliance strategies. For a details of the judgment, see official press release below. #DataPrivacy #DataProtection #CyberSecurity #FacebookDataBreach #JuristEdge #Germany #Privacy

𝗙𝗲𝗱𝗲𝗿𝗮𝗹 𝗔𝗱𝗺𝗶𝗻𝗶𝘀𝘁𝗿𝗮𝘁𝗶𝘃𝗲 𝗖𝗼𝘂𝗿𝘁 𝗔𝘂𝘀𝘁𝗿𝗶𝗮: 𝗖𝗼𝗻𝘀𝗲𝗻𝘁 𝗿𝗲𝗾𝘂𝗶𝗿𝗲𝗱 𝗳𝗼𝗿 𝘁𝗵𝗲 𝘂𝘀𝗲 𝗼𝗳 𝗿𝗲𝗖𝗮𝗽𝘁𝗰𝗵𝗮 On the one hand, the court assumes that personal data is processed. The reCAPTCHA used set a cookie (_GRECAPTCHA) when it was executed to provide its risk analysis. This is a cookie that contains a unique user identification number, which is used to mark an end device. The court: “Cookies that contain a unique, randomly generated value (random number) and that are set with the purpose of individualizing and singling out persons meet the definition of Art. 4 (1) GDPR.” And on the question of the legal basis and whether the exception under Art. 5 (3) ePrivacy Directive may apply, the court gives reasons: “In the opinion of the Senate, cookies set by the Google service reCAPTCHA are not necessary for the operation of a website, which is why there is no legitimate interest of the complainants, regardless of the fact that preventing bot input is beneficial for website operators. The implementation of reCAPTCHA is not technically necessary for the operation of the website, as it has no influence on the functionality of the website, which is why a legitimate interest must be denied and the consent of the co-participating party would have had to be obtained.” Decision of 13 September 2024 (German): https://lnkd.in/d9UtrdEV #DSGVO #GDPR #Dataprotection #privacy

Очень интересная статья. Особенно для Retail Retailers should adhere to these key principles: Dos Be Transparent: Communicate openly with customers about how facial recognition is used, why it’s being implemented, and what measures are in place to protect their privacy. Understand and Follow Regulations: Familiarize yourself with local, national, and international laws to ensure compliance. Ignorance of the law is not an excuse. Use Technology for Clear Purposes: Focus on legitimate challenges, like preventing theft, enhancing safety, or reuniting lost children with their families. Don’ts Don’t Assume Implicit Consent: Always obtain explicit permission where required. Transparency is non-negotiable. Don’t Overextend Use: Resist using the technology for unrelated purposes like marketing or profiling, which could erode trust. Don’t Ignore Public Sentiment: Be mindful of how the community perceives your use of facial recognition. Engaging with public concerns fosters trust and acceptance https://lnkd.in/esqyn7Fj

Can you use customer data in ways that weren't originally allowed by your privacy policy? It's not as simple as changing your terms of service and calling it a day. The FTC has made it crystal clear—you can't just pull a bait-and-switch on your customers. If you collected data under one set of rules, you can't suddenly decide to play by different rules without informing the data owners (individuals or companies) and getting their consent. The FTC has sued companies for unfair and deceptive conduct when amending their privacy policies. For instance, in June 2023, the FTC brought an enforcement action against a genetics testing company, alleging it retroactively altered its privacy policy without properly informing its customers or obtaining their consent. In a settlement, the company was required to pay a $75,000 fine, destroy all consumer DNA samples it had retained for more than 180 days, and not share any of its collected health data with third parties. So here's the bottom line: if you want to change how you use customer data, you better be upfront about it. No sneaky updates to your privacy policy, no retroactive changes. Be transparent, get consent, and don't try to pull a fast one on your customers. #DataPrivacy #PrivacyPolicy #FTC #AIRegulation

Take your privacy program from a compliance initiative to a customer trust imperative: https://bit.ly/4aLSS1Y

"The use of a data clean room itself isn’t a reliable guarantor of privacy” 👀 The FTC's take on data clean rooms underscores what we at Decentriq have championed since the beginning: the importance of data privacy and transparency around what happens with it. While the article highlights misconceptions about data clean rooms, we are proud to set ours apart with confidential computing and strict privacy measures that ensure no party — neither data collaborators nor Decentriq — can access raw data within a collaboration. Our commitment is clear: enabling secure, privacy-compliant data collaboration that empowers businesses while upholding consumer trust. Read the FTC's full article here: https://lnkd.in/gZCtkKj2 #DataPrivacy #AdTech #FirstPartyData

Are you aware that consumers today are more privacy-conscious than ever before? 🤔 Gone are the days when we skimmed through privacy policies and terms of service agreements before clicking "accept." Today's customers actively seek out companies that prioritize transparency and respect their privacy. 🔒 So, how can you ensure that your business is transparent about its privacy practices? Here are a few tips: 🔷 𝗕𝗲 𝗰𝗹𝗲𝗮𝗿 𝗮𝗻𝗱 𝗰𝗼𝗻𝗰𝗶𝘀𝗲 𝗶𝗻 𝘆𝗼𝘂𝗿 𝗽𝗿𝗶𝘃𝗮𝗰𝘆 𝗽𝗼𝗹𝗶𝗰𝘆 – Avoid vague or confusing language. Use simple terms and provide examples to help customers understand. 🔷 𝗨𝗽𝗱𝗮𝘁𝗲 𝘆𝗼𝘂𝗿 𝗽𝗿𝗶𝘃𝗮𝗰𝘆 𝗽𝗼𝗹𝗶𝗰𝘆 𝗿𝗲𝗴𝘂𝗹𝗮𝗿𝗹𝘆 – As your business evolves, so should your privacy practices. Make sure to reflect any policy changes and inform customers of these updates. 🔷 𝗕𝗲 𝘂𝗽𝗳𝗿𝗼𝗻𝘁 𝗮𝗯𝗼𝘂𝘁 𝗵𝗼𝘄 𝗰𝘂𝘀𝘁𝗼𝗺𝗲𝗿 𝗱𝗮𝘁𝗮 𝗶𝘀 𝗯𝗲𝗶𝗻𝗴 𝘂𝘀𝗲𝗱 – Clearly state the purposes for collecting and using their information. Disclose any third parties involved in data processing. 🔷 𝗢𝗳𝗳𝗲𝗿 𝗼𝗽𝘁𝗶𝗼𝗻𝘀 𝗳𝗼𝗿 𝗼𝗽𝘁-𝗶𝗻 𝗼𝗿 𝗼𝗽𝘁-𝗼𝘂𝘁 – Give customers a choice in how their data is used and provide easy ways for them to manage their privacy preferences. How transparent are your business's privacy practices? #PrivacyMatters #TransparencyIsKey #BuildingTrust

Are you aware that consumers today are more privacy-conscious than ever before? 🤔 Gone are the days when we skimmed through privacy policies and terms of service agreements before clicking "accept." Today's customers actively seek out companies that prioritize transparency and respect their privacy. 🔒 So, how can you ensure that your business is transparent about its privacy practices? Here are a few tips: 🔷 𝗕𝗲 𝗰𝗹𝗲𝗮𝗿 𝗮𝗻𝗱 𝗰𝗼𝗻𝗰𝗶𝘀𝗲 𝗶𝗻 𝘆𝗼𝘂𝗿 𝗽𝗿𝗶𝘃𝗮𝗰𝘆 𝗽𝗼𝗹𝗶𝗰𝘆 – Avoid vague or confusing language. Use simple terms and provide examples to help customers understand. 🔷 𝗨𝗽𝗱𝗮𝘁𝗲 𝘆𝗼𝘂𝗿 𝗽𝗿𝗶𝘃𝗮𝗰𝘆 𝗽𝗼𝗹𝗶𝗰𝘆 𝗿𝗲𝗴𝘂𝗹𝗮𝗿𝗹𝘆 – As your business evolves, so should your privacy practices. Make sure to reflect any policy changes and inform customers of these updates. 🔷 𝗕𝗲 𝘂𝗽𝗳𝗿𝗼𝗻𝘁 𝗮𝗯𝗼𝘂𝘁 𝗵𝗼𝘄 𝗰𝘂𝘀𝘁𝗼𝗺𝗲𝗿 𝗱𝗮𝘁𝗮 𝗶𝘀 𝗯𝗲𝗶𝗻𝗴 𝘂𝘀𝗲𝗱 – Clearly state the purposes for collecting and using their information. Disclose any third parties involved in data processing. 🔷 𝗢𝗳𝗳𝗲𝗿 𝗼𝗽𝘁𝗶𝗼𝗻𝘀 𝗳𝗼𝗿 𝗼𝗽𝘁-𝗶𝗻 𝗼𝗿 𝗼𝗽𝘁-𝗼𝘂𝘁 – Give customers a choice in how their data is used and provide easy ways for them to manage their privacy preferences. How transparent are your business's privacy practices? #PrivacyMatters #TransparencyIsKey #BuildingTrust

With personalization at the forefront of the online efforts for most brands, responsibly tracking customer data to fuel intelligent personalization is paramount. Privacy laws and challenges to customer data practices are also escalating. Are you aware of the concerns and risks for your business? We assure clients that they do not have to pick personalization or privacy. You CAN do both! ➡ https://lnkd.in/gWPsc5YB #CIPA #CCPA #CPRA #Personalization #OnlinePrivacy

Are you aware that consumers today are more privacy-conscious than ever before? 🤔 Gone are the days when we skimmed through privacy policies and terms of service agreements before clicking "accept." Today's customers actively seek out companies that prioritize transparency and respect their privacy. 🔒 So, how can you ensure that your business is transparent about its privacy practices? Here are a few tips: 🔷 𝗕𝗲 𝗰𝗹𝗲𝗮𝗿 𝗮𝗻𝗱 𝗰𝗼𝗻𝗰𝗶𝘀𝗲 𝗶𝗻 𝘆𝗼𝘂𝗿 𝗽𝗿𝗶𝘃𝗮𝗰𝘆 𝗽𝗼𝗹𝗶𝗰𝘆 – Avoid vague or confusing language. Use simple terms and provide examples to help customers understand. 🔷 𝗨𝗽𝗱𝗮𝘁𝗲 𝘆𝗼𝘂𝗿 𝗽𝗿𝗶𝘃𝗮𝗰𝘆 𝗽𝗼𝗹𝗶𝗰𝘆 𝗿𝗲𝗴𝘂𝗹𝗮𝗿𝗹𝘆 – As your business evolves, so should your privacy practices. Make sure to reflect any policy changes and inform customers of these updates. 🔷 𝗕𝗲 𝘂𝗽𝗳𝗿𝗼𝗻𝘁 𝗮𝗯𝗼𝘂𝘁 𝗵𝗼𝘄 𝗰𝘂𝘀𝘁𝗼𝗺𝗲𝗿 𝗱𝗮𝘁𝗮 𝗶𝘀 𝗯𝗲𝗶𝗻𝗴 𝘂𝘀𝗲𝗱 – Clearly state the purposes for collecting and using their information. Disclose any third parties involved in data processing. 🔷 𝗢𝗳𝗳𝗲𝗿 𝗼𝗽𝘁𝗶𝗼𝗻𝘀 𝗳𝗼𝗿 𝗼𝗽𝘁-𝗶𝗻 𝗼𝗿 𝗼𝗽𝘁-𝗼𝘂𝘁 – Give customers a choice in how their data is used and provide easy ways for them to manage their privacy preferences. How transparent are your business's privacy practices? #PrivacyMatters #TransparencyIsKey #BuildingTrust