With an uptick in inspections, 43 formal compliance notices and a record fine against Google for noncompliance with the French Data Protection Act, the French data protection authority, the CNIL, is asserting itself in the international data protection scene. In this Privacy Tracker post, Olivier Proust of Field Fisher Waterhouse offers concrete examples of the CNIL’s growth, resourcefulness and experience, noting, “companies should pay close attention to the actions of the CNIL as it becomes a more powerful authority in France and within the European Union.”
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.
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.
This Privacy Tracker post from the Hogan Lovells privacy team explores the impact two proposed privacy laws would have on organizations that provide digital products and services to Brazilian consumers. The Marco Civil da Internet would establish data protection requirements and preserve net neutrality, and the Data Protection Bill would establish an EU-style framework for the processing of personal data. These laws have been in limbo for the past few years, but will the fallout from U.S. government surveillance practices be the inspiration Brazilian lawmakers need to pass provisions, including some that would restrict cross-border data transfers?
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.
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.
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.