In this Privacy Tracker legislative roundup, read about privacy concerns related to Brazil’s proposed Internet privacy law and one Turkey’s president recently signed into law, and get some insight on complying with South Africa’s new law. In the U.S., states are moving along bills to prevent revenge porn in Illinois and protect readers’ privacy in New Jersey and student privacy in Wyoming and Kansas, among others. Also, the Massachusetts Supreme Court has determined that police need to get a warrant in order to collect cellphone location data over a period of time.
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.
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.
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.
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.
While much of the news was focused on the EU Data Protection Regulation this week, a few other things of note happened in the legal realm as well. For example, the EU Parliament adopted a resolution to suspend SWIFT based on allegations that the U.S. NSA had access to EU citizen’s bank data; the FTC reached a settlement with Aaron’s, Inc., over the company’s consumer spying regime, and in Ecuador there are concerns that a new penal code could violate citizens’ online privacy. These are just a few of the stories—in addition to information on the LIBE vote and the future of Safe Harbor and the EU regulation—in this week’s Privacy Tracker legislative 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.
This week, read about California’s continued push towards privacy protections including Gov. Jerry Brown signing into law an amendment to the California Online Privacy Protection Act that requires websites to disclose in privacy policies how they react to Do-Not-Track signals, the passing of the “eraser law” and movement on a bill that would extend the employee social media law to public agencies. Meanwhile, a Minnesota court has determined the state is not responsible for an employee’s alleged inappropriate accessing of driver’s license records, and the Fourth U.S. Circuit Court of Appeals has ruled in favor of a former Virginia deputy sheriff saying his Facebook “Like” is protected by the First Amendment. Plus, read about legislative activity in the EU, Singapore, Australia and South Africa.
Last week saw a new law in South Africa, new guidelines from the Australian privacy commissioner, a new breach notification requirement in effect in the EU and U.S. states tackling big issues like e-mail and location privacy in the absence of forward motion on a federal level. Also, a series of cases in Minnesota questions the liability of government agencies when an employee violates the Driver’s Privacy Protection Act.
Having first been tabled in August 2009, the Protection of Personal Information Bill (POPI) has taken just over four years to get to the point where it was passed by the South African National Assembly on 20 August. All that stands in the way of POPI becoming law is its translation into Afrikaans and the signature of South African President Jacob Zuma.