November 2013

Global News Roundup

In the U.S.,  FTC v. Wyndham  will decide whether the company’s “failure to safeguard personal information caused substantial consumer injury” and whether the FTC even has the authority to regulate data security; the GAO is pushing for comprehensive federal law governing the collection, use and sale of personal data by businesses, and Sen. Franken is calling for regulation over biometric data before the horse leaves the barn. In the EU, the debate over Safe Harbor continues, with Albrecht and Reding saying EU residents need to be able take data privacy complaints to U.S. courts. The Office of the Australian Information Commissioner (OAIC) has released the final set of Australian Privacy Principles that cover access to and correction of personal information, and in Canada learn about Alberta’s need to create a new Privacy Act and why Bill C-30 is back in the news. All this and more, in this week’s Privacy Tracker legislative roundup.

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Pragmatic Approaches to Implementing California’s New “Do Not Track” Law

By Stephanie Sharron and Emily Tabatabai, CIPP/US

Last month, California passed a new amendment to the California Online Privacy Protection Act (CalOPPA) that requires companies that collect personal information from Californians to address how they respond to Do-Not-Track (DNT) signals from browsers in their online privacy policies.According to Stephanie Sharron and Emily Tabatabai, CIPP/US, the legislation “may raise as many questions as it answers,” because due to the lack of consensus from the W3C, “companies are required to disclose how they respond to a browser’s DNT signals, when there is no consensus on what the DNT signal means in the first place.” So what are companies to do? Find out about the options in this Privacy Tracker blog post.

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Supreme Court declares Alberta PIPA unconstitutional, but shouldn’t take long to fix

By Shaun Brown

In the wake of news that the Supreme Court of Canada has deemed the Alberta Personal Information Protection Act (PIPA) unconstitutional, Shaun Brown of nNovation analyzes what the decision means for the province in this Privacy Tracker exclusive. “It was inevitable that freedom of expression would eventually clash with privacy legislation in the courts,” writes Brown, adding that the ruling was “not surprising.” The broad “prohibition-first” approach of PIPA means “there are bound to be certain purposes that maybe should be exempted from the requirement to obtain consent but could not be conceived by legislatures when privacy laws were initially drafted,” Brown says.

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Global News Roundup

The Supreme Court of Canada, in a unanimous ruling, has determined that the Alberta privacy law is unconstitutional and has given the province one year to amend it; A federal judge in Vermont has ruled there can be no expectation of privacy when it comes to data exposed online via a peer-to-peer file-sharing network, and the New Zealand Parliament has voted down a bill that would have given the privacy commissioner increased powers. Meanwhile, the FTC has asserted its power over parental-consent methods, Brazil is calling for a crackdown on government surveillance and Italy’s data protection authority and intelligence department have entered into a cooperation protocol. This week’s Privacy Tracker roundup has these stories and more.

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Death of the Box: Why the Criminal History Question on Job Applications Is Heading Towards Extinction

By Philip L. Gordon

As privacy professionals know too well, organizations that handle personal information, especially personal information that can trigger security breach notification obligations, have an overwhelming need to screen out untrustworthy applicants from positions that permit access to such data. One tool that many organizations have used for years is straightforward enough—asking applicants to...

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Global News Roundup

In the U.S., guidelines and court rulings have offered insight on everything from drone use to workplace audio recordings, while, internationally, questions still loom about the future of Safe Harbor and national leaders have presented an Internet privacy resolution to the UN. Kazakhstan’s privacy law is scheduled to come into effect this month, and Indonesia is looking into consolidating its sectoral coverage into an overarching law. Also in this week’s roundup is analysis of India’s privacy bill, California’s spate of privacy laws and insight from the FTC and the New Jersey Attorney General’s Office on how to avoid the wrath of regulators.

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What Privacy Professionals Should Know About the NIST Cybersecurity Framework

By Harriet Pearson, CIPP/US and The Hogan Lovells Privacy Team

In February of this year, President Obama issued an Executive Order on Improving Critical Infrastructure Cybersecurity. The Executive Order directed the National Institute of Standards and Technology (NIST) to develop a Cybersecurity Framework to assist owners and operators of critical infrastructure in addressing cybersecurity risks. On October 29, NIST published a preliminary version of the...

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Global News Roundup

This week’s roundup highlights a U.S. case that may have lightened the burden on plaintiffs in order to win compensation in breach cases, plus the introduction of bills inspired by the NSA’s surveillance techniques. China has amended its consumer protection law, and one Canadian provincial minister is trying to address a gap in privacy protection in the private sector by consolidating and adding laws. Meanwhile, Brazil is still considering a data protection law and the European Commission plans to push toward implementing the Data Protection Regulation by spring of 2014 despite attempts to delay it until 2015.

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