In this Privacy Tracker weekly legislative roundup, read about the prospects of German advocacy groups getting the right to sue businesses, the status of the Philippines’ cybercrime law and proposals in the U.S. pushing for less data collection and more consumer protections. The Utah attorney general has stopped using administrative subpoenas for cellphone and Internet data, saying “writing yourself a note to go after that stuff without any check is too dangerous,” while the Senate looks at a bill that would mean law enforcement needs a judge’s order as well. Also, Orin Kerr has published an article supposing what a communication privacy act might look like if the U.S. scrapped ECPA and started from scratch, and there’s a handy interactive map outlining the status of social media privacy laws throughout the U.S.
Looking at the federal and state bills being introduced in the U.S., this Privacy Tracker weekly roundup reports on lawmakers’ efforts to get privacy-protecting laws on the books; however, FTC Commissioner Maureen Ohlhausen has called for legislators to look to existing laws, saying “We simply do not need new talk, new laws or new regulations.” Also take a look at new compliance hurdles for organizations in Canada and Australia as new laws are set to roll out in those countries. Also, in the EU, the LIBE has published amendments it would like to see in the Network and Information Security Directive.
While much happened this week in privacy news; the NSA’s surveillance was deemed likely unconstitutional, consent was declared dead, the data broker industry was put on notice by a U.S. senator and the EDPS released its 2014 inventory, the news that hit home for us was that Peter Fleischer and two other Google executives were acquitted in Italy’s Supreme Court after an eight-year battle over whether they were legally responsible for content that users uploaded to Italy’s version of YouTube. Back in the day, the implications of this case were a little scary for privacy pros around the globe, and it seems now it’s finally over. Take a look at this and all the week’s developments in privacy law in this Privacy Tracker weekly roundup.
New challenges to a Utah surveillance law; an interesting turn of events in a case deciding whether government authorities can extract historical location data directly from telecommunications carriers without a search warrant; legislative initiatives related to FISA and the USA PATRIOT Act; questions about the future of Safe Harbor, and information on developments in Italy, France and Australia.
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.
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.