Posted in: Mobile Privacy

Global News Roundup

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.

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ME and MA Laws Suggest Mixed Views on Privacy

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.

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Court Ruling Impacts BYOD

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.

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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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Researchers: Hold Off on Application Privacy, Protection and Security Act

Research reports on calls to hold off on the proposed Application Privacy, Protection and Security (APPS) Act. The Marketing Research Association (MRA) is concerned the act would empower the Federal Trade Commission (FTC) “to define what the term ‘personal data’ meant, as the MRA had already seen in a previous act’s amendment debate that the FTC thought this meant that almost any piece of information could be personally identifiable,” the report states.

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Are Airlines Above Privacy Law?

Delta Air Lines has won its request for dismissal of claims it violated California’s Internet privacy law because it didn’t notify mobile app users that their data was being collected, Bloomberg reports. California Attorney General Kamala Harris sued the company in December, alleging its “Fly Delta” app didn’t clearly post its privacy policy. But Judge Marla Miller said the federal Airline...

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Bill Requiring Data-Use Disclosure, Others Introduced in U.S. Congress

Ars Technica reports on a new bill that would require app developers to have privacy policies detailing how they share user data. Rep. Hank Johnson (D-GA) has introduced the bill, which would require users to sign off on the privacy policy before using an app, the report states.

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State Legislative Roundup

A number of U.S. states have passed or are working on various types of privacy legislation—from employee privacy to breach notification. Most notably, California has pulled a bill that would have required businesses to disclose to consumers data they have collected on them. The Pennsylvania Senate has passed a law that would require state agencies to notify residents of a breach “as soon as possible.” And the Texas House has also “tentatively” approved similar social media legislation.

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