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IAPP Westin Research Center

The Australian Privacy Principles: What They Mean for the Rest of the World

By Dennis Holmes, IAPP Westin Research Fellow

While many organizations within Australia work to implement the newly enacted Australian Privacy Principles (APPs), organizations outside the country may wonder in what way the new law affects their business practices. In this Privacy Tracker post, IAPP Westin Fellow Dennis Holmes outlines aspects of the APPs that non-Australian businesses, particularly service providers, may want to pay attention to, including the privacy commissioner’s interpretation of “carrying on business” that “departs from the traditional notion of that standard in Australian law.” Holmes notes that the newness of the APPs makes it unclear how they will be applied, but “companies must understand whether they are subject to liability under the new rules and take meaningful steps toward full compliance if so.”

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IAPP Westin Research Center

Treacherous Waters: What the World Would Look Like Without Safe Harbor

By Kelsey Finch, IAPP Westin Research Fellow

Since the revelation of the NSA’s mass e-surveillance program in June, and in conjunction with the progress of the new General Data Protection Regulation (GDPR) in Brussels, European institutions have been actively reconsidering the terms on which personal data is permitted to cross European borders. One proposal, which has raised a ripple effect of concern through the industry, includes...

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IAPP Westin Research Center

New TCPA Rules: Steep Compliance Challenge Effective Next Week

By Kelsey Finch, IAPP Westin Research Fellow

On October 16, 2013, new Federal Communications Commission (FCC) rules regarding promotional calls and text messages take effect. These regulations amend the Telephone Consumer Protection Act (TCPA) and bring the FCC’s notice requirements into conformity with the FTC’s prior express written consent standards under the Telephone Consumer Fraud and Abuse Prevention Act (TCFAP). Although these...

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IAPP Westin Research Center

What Do the New Disclosure Requirements Under CalOPPA Mean for Your Business?

By Dennis Holmes, IAPP Westin Research Fellow

On Friday, September 27, Governor Jerry Brown signed into law California Assembly Bill 370 (A.B. 370), which amends the California Online Privacy Protection Act  (CalOPPA) requiring businesses to disclose how they respond to Do Not Track (DNT) signals. The new law, which is the first to officially address the DNT mechanism endorsed by the Federal Trade Commission and debated by industry, presents...

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IAPP Westin Research Center

Court Rules Gmail Case Alleging Wiretapping Can Continue

By Kelsey Finch, IAPP Westin Research Fellow

Westin Fellow Kelsey Finch analyses U.S. District Judge Lucy Koh’s decision that Google’s practice of intercepting e-mails to and from Gmail users may violate federal and California wiretap laws. Using a “narrow reading” of the federal wiretap law and a “broad reading” of the California law, Koh sent the majority of the case on to trial, “inviting close scrutiny of both … statutes in light of the latest technologies and business practices.” Finch writes, “As the tension between consumer protection and business innovation continues to loom large in the privacy world, decisions that attempt to bridge new technologies and old laws become more and more important.”

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