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(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. Read More

Privacy Tracker

The EU Data Protection Regulation Is On Its Way … But When?

(Apr 17, 2015) The proposed EU General Data Protection Regulation (GPDR) is on its way, but Olivier Proust, CIPP/E, writes for Privacy Tracker that it’s probably going to take another year. “Recently, there have been several announcements stating that the GDPR could be adopted before the end of 2015. While possible, this seems very unlikely due to the complex and lengthy legislative procedure of the European Union,” Proust writes. Offering an overview of the EU’s “Ordinary Legislative Procedure,” Proust explains the potential path to passage for the GDPR, noting “things will certainly accelerate once the Council adopts its first reading position.” Read More

Privacy Tracker

National Breach Standard Takes a Step Forward

(Apr 16, 2015) A national data breach notification standard moved one step closer to reality on Wednesday after the House Energy and Commerce Committee passed a bill along party lines. Though the long-sought after federal legislation next moves to a full House vote, it no longer has the bipartisan support it had before yesterday as the bill’s co-sponsor voted against it. The Data Security and Notification Act (H.R. 1770) passed the committee 29-20, strictly along partisan lines, and would establish a uniform ... Read More

Privacy Tracker

Global News Roundup—April 6-13, 2015

(Apr 13, 2015) Today marks the effective date of the UK’s new revenge porn law, and, in the U.S., Hong Kong’s PCPD has issued guidance on both CCTV and drone use and Google has lost most of its challenge of an order from Hamburg’s Data Protection Authority. Also in this week’s Privacy Tracker weekly roundup, read about a right-to-be-forgotten decision by Italy’s Garante and bills in U.S. states addressing breach notification, revenge porn, student privacy, police cell phone tracking and the online data of deceased individuals. Read More

Privacy Tracker

Student Privacy Leglisative Update

(Apr 8, 2015) The Data Quality Campaign (DQC), a nonprofit, nonpartisan advocacy organization that supports policy-makers in promoting the effective use of data to improve student achievement, offers an update on federal and state student privacy bills. A discussion draft of a proposed amendment to the Family Educational Rights and Privacy Act is the big news at the federal level, but within this legislative session, six states have passed student privacy bills and 165 are being considered in 42 states. Notably, “Georgia is close to having its first student privacy law of the year; SB 89 passed unanimously through the House and Senate … and is now awaiting the governor’s review,” DQC writes. Read More

Privacy Tracker

Obama’s Latest Cybersecurity Bill: Something Old, Something New, Something Borrowed, Something Blue

(Apr 8, 2015) President Barack Obama recently announced new legislation aimed at enhancing cybersecurity by authorizing information-sharing between private and government entities as well as among private entities. In this Privacy Tracker post, IAPP Westin Fellow Arielle Brown analyzes the proposal and how it compares to Obama’s previous proposal and other cybersecurity bills including the Cyber Intelligence Sharing and Protection Act and the Cyber Information Sharing Act. “While the president’s cybersecurity proposal takes significant steps toward incorporating new privacy protections, it leaves unanswered important questions and interpretative ambiguities,” Brown writes. Read More

Privacy Tracker, Westin Research Center

Global News Roundup—March 30 - April 6, 2015

(Apr 6, 2015) States around the U.S. are deliberating on privacy bills, and in some circumstances, governors are taking the lead. Arkansas Gov. Asa Hutchinson rejected a bill requiring photographers to get permission from strangers, and Virginia Gov. Terry McAuliffe is getting flak from the ACLU for gutting privacy bills. In Wisconsin, police will soon begin collecting DNA from arrestees, and Washington is moving forward on a breach notification bill. Meanwhile, the Canadian Supreme Court has ruled Quebec has... Read More

Privacy Tracker

Court Sides with Hulu in VPPA Case, Grants Summary Judgment with Prejudice

(Apr 3, 2015) “The Hulu litigation is the most robust discussion of the Video Privacy Protection Act (VPPA) in the Internet-streaming context,” writes Dominique Shelton, CIPP/US, in this Privacy Tracker post, and after a four-year battle, “Magistrate Judge Laurel Beeler dismissed the plaintiffs’ claims with prejudice.” The court made its decision based on the technology, determining that Hulu did not “knowingly disclose” consumers’ personal information in connection with their video-viewing information, as required to be in violation of the VPPA. The “litigation has elucidated certain guiding posts that companies can consider in the practices going forward,” Shelton writes, offering in dicta guidance and lessons that can be learned from the ruling. Read More

Privacy Tracker

The FCC’s “Net Neutrality” Order Part 2: What Will Happen and What Will Be the Effect on the Internet Ecosystem

(Apr 2, 2015) In this follow-up post, William Baker, CIPP/US, writes for Privacy Tracker about the implications and next steps we can expect to see as the Federal Communications Commission (FCC) net neutrality order plays out. In part one, Baker outlined the history and important aspects of the order, and in this post, he offers insight on potential changes for consumers, ISPs, online services such as video-streaming sites, backbone/backhaul services and the Federal Trade Commission. “Whether the FCC has successfully threaded its way through the legal minefield outlined by the Brand X and Verizon cases, the Communications Act and the Administrative Procedures Act will ultimately be decided by the courts. The legal issues are a law professor’s dream,” Baker writes. Read More

Privacy Tracker

The FCC’s Net Neutrality Order Part 1: What It Says and How We Got Here

(Mar 31, 2015) The Federal Communications Commission's (FCC’s) recent "Net Neutrality Order" is intended to shape the regulatory framework for broadband Internet access services for years to come. By now you are likely aware of the most important aspects of the order: Both wireline and wireless broadband Internet access providers are reclassified as common carriers under Title II of the Communications Act; The FCC adopted three specific “Open Internet” rules: No blocking, no throttling and no paid prioriti... Read More

Privacy Tracker