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.
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.
While U.S. regulators mull over the need for rules surrounding drone use by law enforcement, Montana’s new gun owner healthcare privacy law went into effect and California continues to shape privacy law moving toward a “presumption of harm” in breach cases, but one op-ed claims its “revenge porn” law doesn’t do enough. A Zimbabwean law established a central SIM card database, and Australia’s information commissioner has released a best practice guide for app developers. This weekly roundup offers information on all these issues and more, including what regulators had to say at both the IAPP Privacy Academy and the 35th International Conference of Data Protection and Privacy Commissioners.
Find out about Google’s push to get its e-mail scanning case dismissed, changes to the HIPAA final rule, the latest FTC settlement, updates on proposals in California and new laws in New Jersey and Illinois—and those are just the U.S. developments. In Europe, one MEP has expressed “major concern” regarding two data breach notification schemes proposed under the draft Network and Information Security Directive and the planned General Data Protection Regulation.
The privacy news seems to have stirred up more legal questions than answers this week. With effective dates coming up for HIPAA in the U.S. and FOIA reforms in the UK, privacy pros are figuring out the new lay of the land. Court cases in the U.S. and France bring up e-mail privacy questions, both in and out of the workplace, and in the UK one court ruling may reveal a need for stronger data destruction policies. Lastly, an article from The New York Times questions the new trend of class-actions leaving plaintiffs empty-handed.
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.
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.
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.