In this Privacy Tracker post, Timothy Banks of Dentons Canada looks at the government’s proposed Bill C-13, which attempts to grant law enforcement enhanced surveillance powers. “The proposed legislation has been promoted by the government as ‘anti-cyberbullying’ legislation; however, the new offence of unlawful distribution of intimate images is a small component of a suite of provisions intended to expand law enforcement tools to investigate online crime.” Noting that previous attempts at increasing surveillance powers have met criticism from federal and provincial privacy commissioners, Banks writes that this bill “is much more respectful of privacy rights than previous attempts by Canada’s Harper government. However, the recent attempt to stifle debate in the House of Commons certainly could be interpreted as the government remaining uncomfortable with scrutiny of these provisions.”
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.
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.
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.
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.
Should telecommunications providers be able to use their subscribers’ behavioral information to sell advertising? And are rules stricter than the Personal Information Protection and Electronic Documents Act (PIPEDA) needed for telecoms? A complaint over Bell Canada’s practices brought before the Canadian Radio-television Telecommunications Commission (CRTC) may end up determining the answers to these questions. Timothy Banks of Dentons Canada LLP writes in this Privacy Tracker post that if the CRTC agrees with the Public Interest Advocacy Centre and the Consumers’ Association of Canada that “more detailed privacy rules are needed for telecommunications carriers … this could represent one of the most important developments in the evolution of privacy law in Canada since the enactment of PIPEDA.”
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 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.
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.