Huawei Warns of Rising Data Lawsuits as Covid-19 Pushes Digital Surveillance
2020 posed significant challenges for my business due to the Covid-19 pandemic, which led to increased digital contact tracing and health surveillance. Huawei predicts a rise in class-action lawsuits related to personal data in the coming years. Ensuring compliance with data protection laws is crucial for businesses.
Organisations must keep records of processing activities, privacy notices, and cookies up-to-date and compliant with governing laws. They should adopt data minimisation and privacy by design and default principles. Business continuity management plans are also essential to mitigate data security challenges. Businesses should focus on data minimisation and business continuity management to tackle these issues effectively.
In Germany, while there's no classic class-action procedure like in the US, similar approaches exist in collective litigation. Since May 2020, the 'Gesetz zur Einführung eines Sammelklageverfahrens' (SKAVG) allows consumers to collectively sue companies, particularly for breaches of consumer protection laws. Examples include proceedings against Facebook and Google, though these aren't typically referred to as 'class-action' cases. Transparency about data transfer locations and types is vital for businesses to maintain trust and comply with regulations.
As data protection laws evolve, businesses must stay vigilant and adapt their practices. While large-scale class-action lawsuits may not yet be common in Germany, the potential for such cases exists. Maintaining up-to-date records, adopting data minimisation and privacy principles, and ensuring transparency will help businesses navigate these challenges and protect consumer data.
