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.
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.
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.
Nigeria and Turkey are both considering government-proposed legislation that would require service providers to turn over to law enforcement customers’ data upon request—with fines, and possible jail time for executives, for noncompliance in Nigeria. In the U.S., senators are addressing breach response and online privacy concerns with bills of their own as the fallout continues from the Target and Neiman Marcus breaches as well as the Snowden revelations. And in Australia, the deadline for the Australian Privacy Principles looms large. The Privacy Tracker’s weekly legislative roundup covers all this and more.
In the U.S., eight states have been in the news for movement on drone legislation. While most are fairly similar, bills in California and Utah put restrictions on use and retention of the data, and one of the two drone bills in front of the Georgia House focuses on a 100-foot “protected zone.” In Montana, a suicide review board has been given authorization to begin looking into the healthcare records of suicide victims in an attempt to lower the incidents in the state, causing some privacy concerns. And Maine has opted for a study instead of furthering a social media privacy bill. Read about these developments and more in this week’s Privacy Tracker legislative roundup.
While industry leaders at the World Economic Forum in Davos, Switzerland, called for new rules surrounding data protection, the U.S. Supreme Court announced it will hear two cases involving warrantless searches by law enforcement of suspects’ cellphones. And, the U.S. Federal Trade Commission announced settlements with 12 companies over false claims of alignment with Safe Harbor rules. In this Privacy Tracker roundup, learn about these as well as bills being considered by U.S. state legislatures, how Obama’s NSA plans may affect EU law and more.
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 states don’t have the authority to shut down National Security Agency surveillance, many state lawmakers are doing their best to enact legislation that will put limits on state and local law enforcement’s abilities. From cellphone location data to drones, online browsing to license-plate scanning, coast to coast and left to right, state lawmakers are proposing anti-surveillance laws. This Privacy Tracker roundup offers a glimpse of what’s coming down the pike.
This week’s Privacy Tracker legislative roundup includes legislation introduced in both Missouri and Kansas aiming to protect electronic communications and data from government intrusion. This comes after an Arizona representative announced she will propose legislation to effectively ban the National Security Agency from that state. The roundup also includes news of Pennsylvania considering an expansion of its DNA collection to those arrested for felonies and misdemeanors that require registration as sex offenders and the release of a new draft of the Data Protection Bill in the Cayman Islands.
In this week’s Privacy Tracker legislative roundup, see BakerHostetler’s year-in-review on international privacy laws and read about cases you may have missed while enjoying the holiday season. For example, a U.S. District Court has deemed a Florida drug-screening law unconstitutional; U.S. Magistrate Judge Laurel Beeler ruled in the Hulu privacy lawsuit that no proof of injury is needed for viewers to recover damages, and the U.S. Federal Trade Commission settled with Accretive Health over the company’s failure to protect consumer data. Also, read about the contradicting rulings over the NSA’s data collection practices.