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(Apr 20, 2015) The hour was late. Past 5 p.m. on Thursday, the last day of an IAPP Europe Data Protection Intensive that saw attendees passionately talking shop for what seemed like 48 hours straight. Yet the conversation continued. Hands remained raised for questions. Global CPOs sat forward in their seats and whispered commentary amongst themselves. In front of them, Dutch DPA Jacob Kohnstamm, Sidley Austin Partner and former U.S. Commerce Department General Counsel Cam Kerry and Unilever CPO Steven Wright were simply discussing a topic too important to abandon: Will we ever see a global marketplace with data transfer interoperability? Sam Pfeifle has the answers in this exclusive for The Privacy Advisor. Read More

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Twitter To Move Non-U.S. Processing to EU

(Apr 20, 2015) In expectation of a new data protection regulation in the EU, Twitter has announced it will process all account information of non-U.S. users at the Twitter International Company in Ireland, The Irish Times reports. Ireland’s Office of the Data Protection Commissioner (DPC) will assume jurisdiction over 77 percent of Twitter users or approximately 300 million accounts. The DPC said it will “commence an engagement with (Twitter) in relation to privacy matters as we do with other entities who have... Read More

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Roundup: South America, the EU, U.S. and More

(Apr 20, 2015) The U.S. federal government is considering a host of cybersecurity and breach bills while states are pushing forward legislation that includes strengthening breach notification in Washington, increasing DNA collection in Colorado, regulating private drone use in Florida and limiting the retention of surveillance data in Virginia. In Brazil, the consultation period for the country’s draft data protection law has been extended, and in Argentina, there are new regulations on CCTV and do-not-call sanctions. In the EU, there’s been lots of talk about the proposed regulation—when it’s coming, what it will look like and how to prepare. Read about all this and more in this week’s Privacy Tracker legislative roundup. (IAPP member login required.) Read More

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Why Data Localization Is a Bad Idea

(Apr 20, 2015) As the Internet continues to grow around the world, several countries have toyed with, or even passed, data localization laws, the most well-known case being Russia’s law, which goes into effect this September. "While data localization has most recently and dramatically come to prominence in the form of Russian data localization legislation, at bottom it is a global issue,” writes Hunton & Williams Partner Manuel Maisog. In this post for Privacy Perspectives, Maisog discusses a recent American Chamber of Commerce report on data flows between the U.S. and China, and how data localization laws could have detrimental effects not only on data flows and information security but on innovation in China as well. Read More

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What Not To Miss at RSA

(Apr 20, 2015) Are you in San Francisco, CA, for the RSA event? So is the IAPP. Unfortunately, you’ve already likely missed out on our preconference workshop, featuring the likes of U.S. Federal Trade Commissioner Maureen Ohlhausen and Intel VP Malcolm Harkins, but you’ve still got time to hit the “Privacy and Security, the Ties That Bind” session by IAPP CTO Jeff Northrop, CIPP/US, CIPT, on Wednesday, and IAPP CEO and President Trevor Hughes, CIPP, who holds sessions on “Technologies That Will Shape the Futur... Read More

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HHS Releases Guidance on Workplace Wellness Programs

(Apr 20, 2015) Do Health Insurance Portability and Accountability Act (HIPAA) rules apply to workplace wellness programs? Well, it depends. If it’s administered as part of an insurance plan, the data collected is personal health information. If it’s self-administered, the employer is not a covered entity and the data is not protected by HIPAA rules. Such are the demarcations outlined in new guidance issued by the Department of Health and Human Services’ Office for Civil Rights this week. The document also offers tips on who should have access to the data in the workplace and how the data should be protected. Read More

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House Set to Vote on Two Cyber Bills; Senators May Back Privacy Increase

(Apr 20, 2015) The Hill reports the House of Representatives will vote on two cybersecurity bills this week—likely this Wednesday and Thursday. Each bill—one from House Homeland Security and the other the House Intelligence Committee—would provide companies with legal liability protections. The bills appear to have wide backing from lawmakers on both sides of the aisle as well as other government officials and industry groups, the report states. Meanwhile, Sen. Ron Wyden (D-OR) said of the Cy... Read More

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Court Reinstates Spyware Class-Action

(Apr 20, 2015) Business Insurance reports an appeals court reinstated a class-action lawsuit alleging spyware on a rented computer photographed users “and the websites they visited, violating their privacy.” Two defendants in the case, Montana-based Aspen Way and Pennsylvania-based DesignerWare LLC reached a settlement with the Federal Trade Commission in 2013. The class-action filed by Crystal and Brian Byrd was dismissed by the U.S. District Court in Pittsburgh, PA, “on grounds including that the proposed classes were overly broad,” the report states, noting the appeals court “reinstated the case on several legal grounds, including that an overly broad class was not ascertainable.” (Registration may be required to access this story.) Read More

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Should Law Enforcement Be Able To Access Encrypted Communications?

(Apr 20, 2015) The Wall Street Journal delves into a key question in the balance between privacy and security: Should law enforcement agencies have the ability to access encrypted communications? “People’s distress over the privacy of their communications has never been more acute. Whether the fear is over U.S. surveillance or breaches by hackers of unknown origins, many consumers fear that there is no such thing as privacy online,” the report states, citing the “market for products with ever-greater encryptio... Read More

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Google Moving To Encrypt Ads

(Apr 20, 2015) Beginning later this year, most ads “Google serves up on its various online properties will be fully encrypted,” eWeek reports. That’s already the case with YouTube ads, and in a blog post last week, Google indicated it is “working toward encrypting search ads across all its systems,” the report states. Most mobile, video and desktop ads “served to the Google Display Network, AdMob and DoubleClick publishers will also be fully encrypted” in an effort to “ensure that users are safe from ad-borne ... Read More

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