In this week’s Privacy Tracker Global News Roundup, read about court decisions, hearings and proposals that may affect the future of privacy legislation in the U.S.; the declaration by the UK Information Commissioner’s Office that one town violated privacy law with its use of traffic cameras; China’s latest privacy rule, and a United Arab Emirates law that forbids photographing or videoing another individual without their permission.
Europe and Brazil are looking at possible changes to their data protection enforcement regimes. In the U.S., the Senate hearing discussing NSA surveillance practices indicated possible changes to the USA PATRIOT Act, California is considering a digital license plate bill, the New Jersey Supreme Court ruled warrants are needed for cell phone data and one report suggests the landscape for privacy class-actions may be changing.
Lawmakers recently released a draft of proposed legislation that would enact as law much of the Cybersecurity Framework from the National Institute of Standards and Technology.
With new definitions of sensitive data, public data and privacy notice, and requirements for privacy policies and children’s data, among others, Colombia’s new data protection law “followed closely the European regulatory model on data protection matters.” Colombia joins Argentina, Mexico, Uruguay, Peru, Costa Rica and Nicaragua in Latin American countries whose regulations have followed the EU model.
EU-wide data breach notification requirements are “coming your way,” according to Field Fisher Waterhouse’s Olivier Proust. Proust describes frenzied lobbying in Brussels over the notification requirement in the European Commission’s proposed replacement of the Data Protection Directive. Meanwhile, Pinsent Masons’ Out-Law.com explains the labyrinthine contours of EU data protection enforcement.
While Massachusetts lawmakers will soon vote on the “Act updating privacy protections for personal electronic information,” they, along with MA Attorney General Martha Coakley, are also considering S 654, which would expand the state’s wiretapping powers. Meanwhile, the Maine legislature voted 125 to 17 to override Gov. Paul LePage’s veto of “An Act To Require a Warrant To Obtain the Location Information of a Cell Phone or Other Electronic Device,” but failed to override his veto of An Act To Protect the Privacy of Citizens from Domestic Unmanned Aerial Vehicle Use.
What happens to an employee’s expectation of privacy regarding her personal e-mails on her company-issued Blackberry after she leaves the company? If a recent ruling by the U.S. District Court for the Northern District of Ohio stands up to further scrutiny, the answer could be that a former employee has greater expectations of privacy after her departure than while she was still employed. In Lazette v. Kulmatycki, the court ruled the Stored Communications Act (SCA) applies to unauthorized access of employees’ personal e-mail accounts, among other determinations.
A British Columbia, Canada, court has sided with patient privacy over the right to access, EU ministers are considering allowing states to determine their own fining regimes and Croatia has joined the EU meaning it will need to implement the directive.
Two pieces of legislation have come under fire this week for violating privacy rights. Five lawsuits filed on Monday claim a Florida law, which went into effect that same day, violates the federal Health Insurance Portability and Accountability Act. The law, which aims to protect doctors facing malpractice suits, allows healthcare providers called as witnesses to give defendants’ attorneys information about patient treatment. Meanwhile, Missouri Gov. Jay Nixon axed a bill that would have created a database of workers who have filed workers’ compensation claims in the state.
The spate of state privacy laws—proposed and passed—continues in Louisiana, Massachusetts, New Jersey and Oregon. The Privacy Tracker reports on Louisiana’s new law to protect the identities of concealed-weapons permit holders, paralleling a number of other states in response to a map indicating the homes of gun owners published in NY last year. Massachusetts lawmakers are considering a bill that would protect student data in the cloud from third parties as it mulls participation in a Gates Foundation pilot program that aims to help schools simplify computer systems. And New Jersey and Oregon have seen movement on drone bills—with Oregon’s on its way to passage.