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.
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.
On December 16, the District Court in the District of Columbia issued an opinion finding that the NSA program that has gotten significant attention due to the revelations of Edward Snowden was likely unconstitutional. In Klayman v. Obama, five plaintiffs sued a variety of government officials as well as private companies and sought preliminary injunctive relief based upon the assertion that the NSA program was unconstitutional and violated other statutes. In what ended up making big news, the court concluded there was a substantial likelihood the plaintiffs would prevail on their Fourth Amendment claims and issued an injunction. In this article, Andrew Serwin unpacks the court’s decision.
France is receiving criticism for a new law expanding government agencies’ access to Internet data; a European Court of Justice advocate has deemed the data retention directive in violation of citizens’ fundamental privacy rights, and in the U.S., a petition to update the Electronic Communications Privacy Act has received more than 100,000 signatures. This week, Privacy Tracker reports on these developments as well as new administrative measures for Chinese credit reference agencies, U.S. states’ challenges to NSA surveillance and new fining powers for the Dutch data protection authority.
This week’s Privacy Tracker legislative roundup includes the IAPP’s coverage of the European Commission’s report critiquing the EU-U.S. Safe Harbor agreement and offering the U.S. 13 ways to save it, and insight from Eduardo Ustaran, CIPP/E, on the report. You’ll also find information on the United Nation’s approval of an unlawful surveillance resolution, why India may have to wait a little longer for a privacy law and South Africa’s new law. In the U.S., more regions are considering social media laws and DNA databases, and courts have decided cases relating to COPPA and consumer privacy.
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.
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.