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Spoiler Alert: Illinois May No Longer Require Two-Party Consent, but California Still Does

By Tanya Forsheit, CIPP/US

It’s a good thing producers of The Good Wife aired their episode “A Few Words” when they did, or one of the best lines—for privacy litigators, at least—would’ve been moot. In this Privacy Tracker post, InfoLawGroup’s Tanya Forsheit , CIPP/US, breaks down the People v. Clark decision deeming Illinois’ two-party consent law unconstitutional and why most other two-party state laws won’t be affected—most notably California’s. “California’s two-party consent law does not suffer from the defect that doomed Illinois’s two-party consent law in Clark,” writes Forsheit, noting, however, “it remains to be seen, in California and elsewhere, what happens in close cases where it is far less clear whether all the parties have a reasonable expectation of privacy in the conversation.”

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Global News Roundup

While the retail and drone industries are wary of some state laws getting traction in the U.S., a software industry executive in Africa is touting the need for a continent-wide privacy law to drive cloud adoption. In this Privacy Tracker weekly legislative roundup, read about concerns surrounding the Pakistani proposed cybercrime law, EU member states’ reactions to the EU Court of Justice’s decision on the Data Protection Directive and which sections of South Africa’s POPI are now in effect.

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Global News Roundup

In the U.S., Kentucky has become the 47th state to pass a breach notification bill and Wisconsin has passed a social media law and expanded the collection of DNA from arrested individuals. The U.S. House passed bipartisan legislation aiming to protect information held in vehicle event data recorders; the Canadian Senate is considering the Digital Privacy Act, offering new protection for consumers and increased powers for the federal privacy commissioner, and the Court of Justice of the EU invalidated the EU Data Retention Directive. In this week’s Privacy Tracker legislative roundup, read more about all these developments and also what the FTC v. Wyndham decision may, or may not, mean for the future of U.S. privacy regulation.

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Is Drone Privacy Ready for Take Off?

By The Hogan Lovells Privacy Team

The expected uptick in public and private use of unmanned aerial systems (UAS) in the U.S. has brought on a requisite increase in legislation in this area—both passed and proposed. “In 2013, 13 states passed laws governing UAS operations, and three states—Idaho, Oregon and Texas—enacted laws that specifically address UAS use by private entities,” write Hogan Lovells’ Partner Harriet Pearson, CIPP/US, and Associate Jared Bomberg in this Privacy Tracker post, leaving UAS operators with “a patchwork of state laws impacting their operations.” The authors outline scenarios for the future of drone regulation in the U.S., taking into account current applicable privacy laws, Sen. Ed Markey’s (D-MA) proposal and the possibility for self-regulation.

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Global News Roundup

Privacy laws are being considered in nations across the globe, and this week’s Privacy Tracker legislative roundup has updates on many of them. Brazil’s Chamber of Deputies has passed the Internet bill of rights—without its controversial local data storage provision; India has exempted government intelligence agencies from its draft law; Australia’s Senate is looking at a mandatory breach notification bill, and in Ireland, a bill intending to give adopted children identity rights is raising questions over parental privacy rights. In the U.S., Sen. Al Franken (D-MN) has proposed an updated version of his location privacy bill, and states continue to discuss issues surrounding student privacy and breach notification, among others.

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Gmail Wiretapping Litigation, Class-Action Denied

By Mark Melodia and Paul Bond and Frederick Lah, CIPP/US

The Northern District of California denied a motion for class certification in a suit over Google’s alleged practice of scanning Gmail messages in order to serve content-based advertising. This Privacy Tracker exclusive discusses how Gmail’s Terms of Service and Privacy Policy, which the court previously called “vague at best and misleading at worst,” and “a ‘panoply of sources’ where users could have impliedly consented to Google’s practices” helped the court make its decision. “Putting aside the question of whether Google’s Terms were in fact vague or misleading, a key takeaway for businesses from this case should be the importance of educating customers about their data practices,” the authors write. (IAPP member login required.)

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Global News Roundup

French data protection authority the CNIL has received remote inspection abilities under a law passed last week, adding to the growth the agency has seen recently. In the U.S., the New Jersey Supreme Court has unanimously ruled that police wiretap warrants apply to phones in other states, and the Illinois Supreme Court has deemed its stringent eavesdropping law unconstitutional. In Hawaii and Kentucky, privacy bills have stalled out, and in Delaware, a lawmaker has proposed legislation that mimics California’s “eraser law.” Meanwhile, the Australian Privacy Principles continue to make headlines, and questions remain over the Philippines’ new cybercrime law. Read about these developments and more in this week’s Privacy Tracker roundup.

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Global News Roundup

With the Australian Privacy Principles in effect, the data protection regulation vote in the European Parliament and the announcement of the announcement of the G29 and APEC announcing a joint agreement aiming to aid companies in achieving compliance with global data transfers, it’s been a busy couple of weeks. Privacy Tracker has the information you need on the latest action, plus updates to U.S. state and federal initiatives and some opinions on where privacy law is headed. Looking forward to March Madness? U.S. Rep. Jared Polis (D-CO) is hoping that Congress is, too, and that his latest plea will help get support for the E-mail Privacy Act.

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Global News Roundup

While U.S. federal lawmakers struggle to find the right balance on data breach notification, state legislators are offering up bills to protect consumers from tracking through cellphones, smart meters and license plates, and one company is pushing back against Utah’s license-plate privacy law, saying it infringes on First Amendment rights. This Privacy Tracker weekly roundup covers all this and more, including the FTC, G29 and APEC announcement of a cross-border data transfer tool at the IAPP’s Global Privacy Summit last week and the Mexican DPA’s warning of an “abundance” of fines to come.

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Global News Roundup

Senators in Florida and Illinois are proposing bills to limit surveillance and police access to data; the Texas Court of Appeals has expanded cellphone privacy rights, and the Washington State Supreme Court has ruled citizens have the right to privacy in the text messages sent from their mobile devices. Meanwhile, the U.S. government has entered an agreement with Japan allowing the countries to share fingerprints of suspected terrorists to be matched against each other’s databases, and the U.S. Department of Justice is asking the Foreign Intelligence Surveillance Court for longer retention periods for certain data. Read about these developments and more in this week’s Privacy Tracker legislative roundup.

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