June 2013

Making Sense of China’s New Privacy Laws

By The Hogan Lovells Privacy Team

In an apparent effort to encourage consumer engagement in the e-commerce market and establish baseline security standards, the Chinese government has in the past several months released laws, regulations and guidelines focused on privacy and security issues. In this post, we briefly summarize some of the notable takeaways from these initiatives.

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Texas Breach Law, Nevada Social Media Law

Privacy Tracker reports that while Texas already has a breach notification law on the books that applies to citizens of states without a notification law, it recently passed Senate Bill 1610, which increases the scope further. It also gives organizations the choice of reporting under Texas law or that of the state of the affected person, but Gant Redmon, writing for CO3Systems Blog, says “best practice will remain notifying under the law of the state where the affected party resides.” Meanwhile, Nevada has become the 11th state to pass a social media law prohibiting employers from asking for access information for employees’ or prospective employees’ social media accounts.
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FISA Accountability and Privacy Protection Act of 2013 Proposed

Yesterday, Sen. Patrick Leahy (D-VT), with the co-sponsorship of Sens. Lee (R-UT), Udall (D-CO), Wyden (D-OR), Blumenthal (D-NY) and Tester (D-MT), proposed the FISA Accountability and Privacy Protection Act of 2013 to “strengthen privacy protections, accountability and oversight related to domestic surveillance conducted pursuant to the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 1978.” Privacy Tracker reports on the proposed changes, including allowing challenges to gag orders in court, expanding public reporting of national security letters and requiring a comprehensive review of the FISA Amendments Act by the inspector general of the intelligence community.

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Weekly Legislative Roundup

TechNewsDaily says that, as part of the fallout from the NSA leak, there has been a “surge in proposed privacy legislation concerning devices and their growing monitoring capabilities.” In addition to the Texas e-mail law and action in Maine to restrict drone use; federal lawmakers are working toward vehicle and TV consumer privacy bills, and others are working to restrict government collection of data. Whether due to the NSA revelations or not, anti-surveillance does seem to be the latest trend in privacy law.

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FDA Issues Guidance on Medical Device Cybersecurity

By Luis Salazar

Here’s something a bit unnerving: Life-saving and life-enhancing medical devices—pacemakers, patient monitors, and imaging scanners, for example—are vulnerable to hackers and malicious intrusions. Those vulnerabilities can, of course, have catastrophic impacts on patients who rely on those devices, but even patient fear of these vulnerabilities can have adverse repercussions.

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Maine Senate Approves Restriction on Drone Use

The Maine Senate has passed LD 236, a bill requiring police to get a warrant for drone use except in emergencies, incensing the senate chair of the Judiciary Committee, which had recommended developing rules before moving forward with the bill, reports Portland Press Herald.

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Texas Passes E-mail Privacy Law

On Friday, Gov. Rick Perry signed what has been called the toughest e-mail privacy bill in the country into law, meaning state law enforcement will need to get a warrant in order to search e-mail—no matter how old it is. The bill unanimously passed both houses of the state legislature before reaching Perry’s desk, Courthouse News reports.

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Weekly Legislative Roundup

With NSA news dominating privacy discussion in the mainstream media, it may be that a number of legislative developments flew under the radar this week. Make sure to read through last week’s Tracker updates on Rhode Island efforts to loosen patient confidentiality, California efforts to ban “revenge porn” and an Oregon bill that would bar law enforcement from using drones without a warrant.

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