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.
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.
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.
Shaun Brown of nNovation offers a detailed breakdown of the newly published regulations under Canada’s Anti-Spam Legislation (CASL) in this Privacy Tracker blog post. Implementation of CASL will come in three waves, the first of which, rules that apply to computer programs, is already in force. While many of the regulations mirror those pre-published in the draft released at this time last year, there are some changes, including new exceptions for closed platforms, limited-access accounts where organizations communicate directly with recipients, messages targeted at foreign persons and fundraising by charities and political parties.
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.
In the U.S., FTC v. Wyndham will decide whether the company’s “failure to safeguard personal information caused substantial consumer injury” and whether the FTC even has the authority to regulate data security; the GAO is pushing for comprehensive federal law governing the collection, use and sale of personal data by businesses, and Sen. Franken is calling for regulation over biometric data before the horse leaves the barn. In the EU, the debate over Safe Harbor continues, with Albrecht and Reding saying EU residents need to be able take data privacy complaints to U.S. courts. The Office of the Australian Information Commissioner (OAIC) has released the final set of Australian Privacy Principles that cover access to and correction of personal information, and in Canada learn about Alberta’s need to create a new Privacy Act and why Bill C-30 is back in the news. All this and more, in this week’s Privacy Tracker legislative roundup.