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(Mar 24, 2015) At first glance, the Freedom of Information Act and the Privacy Act may seem to achieve similar goals; however “there are, in fact, distinct and important differences in their objectives” and also “in the application of the laws and the ways the government responds to access requests,” writes Todd Walls, CIPP/G, CIPM, for Privacy Tracker. Walls offers an analysis of the two laws, including tips on responding to requests as well as an accompanying comparison chart in the IAPP Resource Center. Read More

Privacy Tracker

Global News Roundup—March 16-23, 2015

(Mar 23, 2015) While Australia’s lower house and Belarus’s Ministry of ITC passed data retention bills, Bulgaria’s constitutional court struck down a similar law. Madagascar is considering privacy legislation for the first time in an effort to boost international business in the country, and the Russian Internet ombudsman has proposed amending its data localization requirement. Also in this week’s Privacy Tracker roundup, read about continuing concerns in the U.S. over CISA and the Data Security and Breach Not... Read More

Privacy Tracker

The Implications of China’s Draft Anti-Terrorism Law for Global Technology

(Mar 18, 2015) In this Privacy Tracker post, Scott Livingston analyzes the controversial antiterrorism law being considered in the People’s Republic of China. While American sources claim the government has backed off from discussions, China’s Foreign Ministry says “deliberations of the draft are still ongoing,” and, Livingston writes, “it looks likely that some form of the law will be passed this year. Companies with operations in China would be wise to familiarize themselves with the present draft, as its provisions are instructive for understanding the future direction of China’s Internet policy.” Read More

Privacy Tracker

Day of Action Protests Oppose Anti-Terrorism Act

(Mar 18, 2015) While last weekend’s “Day of Action” protests across Canada opposed the government’s proposed Anti-Terrorism Act—not to mention concerns voiced by Privacy Commissioner Daniel Therrien and “four former prime ministers of Canada, five former Supreme Court of Canada judges, several former ministers of justice, former privacy commissioners and others”—polls suggest that the bill is still supported by the majority of Canadians. Timothy Banks, CIPP/C, asks in this third post on Bill C-51 for Privacy Tracker, “Is the government only listening to the polls?” and explores the bill’s proposed new powers for the Canadian Security Intelligence Services Agency. Read More

Privacy Tracker

Colombia: Is a Data Protection Officer Required for Compliance?

(Mar 17, 2015) With 47 million people and the third-largest economy in Latin America behind Brazil and Mexico, Colombia is increasingly a place where multinational firms are doing business. Further, Colombia is looking to fit into the global marketplace by establishing itself as a jurisdiction where data protection and privacy are taken seriously. Over the past few years, Colombia has passed and implemented various privacy laws and regulations, including Law 1581 in 2012, Decree 1377 in 2013, Resolution 20752... Read More

Privacy Tracker

No Food, No Drink, No Water: EU Ministers Agree on One-Stop Shop, Plan June Lock-In

(Mar 17, 2015) EU ministers dramatically agreed to hold a marathon meeting of the Justice and Home Affairs Council in June in order to finalize their version of the EU General Data Protection Regulation, having earlier reached agreement on the regulatory one-stop shop and the principles underpinning the regulation. Agreement in June would then allow trilogue discussions between the Council of the EU, the European Parliament and the European Commission to commence in the summer with a view to agreeing on the w... Read More

Privacy Tracker

Global News Roundup—March 10-16, 2015

(Mar 16, 2015) In this week’s Privacy Tracker roundup, read about updates to breach notification laws in the U.S. in Montana and Wyoming, plus Wyoming’s broadening of the definition of personally identifiable information. In Canada, Bill C-13, the controversial anti-cyberbullying law, is in effect, and a Quebec man is challenging border searches. In the Cayman Islands, a cancer registry law is causing privacy concerns for a human rights group. In the EU, the Court of The Hague struck down the Dutch data retention law, and Germany plans to introduce its own. Meanwhile, Paraguay has delayed talks on its data retention bill. Read More

Privacy Tracker

Germany: Class-Actions in Privacy Law Enforcement Ahead?

(Mar 11, 2015) The German government’s adoption of a bill that would allow consumer protection bodies to enforce data protection law rules has many asking how this would affect things going forward and whether it’s likely to pass. Ulrich Baumgartner of Osborne Clarke writes for Privacy Tracker that “German data protection authorities have rather limited resources to enforce the law, and thus the German lawmakers feel that a sort of ‘class-action’ is necessary in order to strengthen the enforcement of German data protection laws.” Whether the bill will pass as written remains to be seen, but "businesses should definitely watch the next legislative steps carefully,” he writes. Read More

Privacy Tracker

Global News Roundup—March 2-10, 2015

(Mar 10, 2015) In the U.S., states continue to push privacy legislation on their own, including Arizona’s House passing a revised revenge porn bill; proposed location privacy bills in California and Texas, and Colorado and Utah looking at student privacy. In Qatar, a draft bill would protect consumers’ electronic data and includes a provision prohibiting the sending of electronic marketing communications without consent, and Paraguay has delayed discussion of mandatory data retention for telecoms. Also, don’t miss an analysis of U.S. President Barack Obama’s federal breach notification bill and a roundup of the proposed Consumer Privacy Bill of Rights in this Privacy Tracker weekly roundup. Read More

Privacy Tracker

Global News Roundup—February 23-March 2, 2015

(Mar 2, 2015) In this week’s Privacy Tracker legislative roundup, read about a plan between Labor and the Australian government that may see the controversial data retention plan enacted. In Canada, a new government proposal would see greater information-sharing between agencies such as immigration, Employment Canada and the RCMP. Russia’s lower chamber of Parliament has reportedly approved new and larger fines for violating data protection laws. Also, read an overview of 10 California privacy bills, new U.S.... Read More

Privacy Tracker