(Jun 29, 2015) This week’s Privacy Tracker weekly legislative roundup includes a report on Qatar’s Ministry of Information and Communications Technology’s plans to introduce a digital privacy law, as well as information on Argentina’s Personal Data Protection Authority’s new rule, which includes guidance on complying with the Personal Data Protection Law. Plus, read about the latest legislative developments in the U.S., including how the passage of the USA FREEDOM Act may impact cross-border data transfers, an... Read More

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What You Need To Know Now About Canada’s Digital Privacy Act

(Jun 26, 2015) It was a long road, but Parliament finally passed Canada’s Digital Privacy Act, SC 2015, c32 (Bill S-4). The act received Royal Assent on June 18, with some amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) going into force immediately. These are the first major amendments to PIPEDA since it was enacted 15 years ago. Although the new federal mandatory breach reporting to the Office of the Privacy Commissioner of Canada (OPC) and the new individual breac... Read More

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USA FREEDOM Act: A Step Toward Restoring Trust?

(Jun 25, 2015) The enactment of the USA FREEDOM Act was news unto itself. However, the impact that the surveillance reform legislation may have on cross-border data transfers could turn out to be newsworthy as well. In this post, we summarize some important elements of the legislation and explore the USA FREEDOM Act’s potential to influence more than government surveillance practices. The USA FREEDOM Act reforms some practices associated with U.S. government surveillance and reinstates certain government surv... Read More

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France's Ambition for the Future of the Digital Economy

(Jun 23, 2015) On June 18, the French National Digital Council (Conseil National du Numérique or CNN) released a report entitled Digital Ambition: a French and European policy for a digital transition containing 70 proposals for the future of the digital economy in France and Europe. The report follows a nationwide consultation of the major stakeholders, which has also sparked a debate on various issues relating to the digital economy such as how to regulate digital platforms and how to boost the competitivene... Read More

Privacy Tracker

Global News Roundup—June 15-22, 2015

(Jun 22, 2015) This week’s Privacy Tracker weekly legislative roundup includes a report on the Australian Senate Legal and Constitutional Affairs Legislation Committee’s approval of recommendations for improved safeguards in a biometrics bill. And in Germany, the Social Democrats have given “reluctant approval” for data retention legislation to be submitted to Parliament. The latest developments in the U.S. include the introduction of the Protecting Individuals From Mass Aerial Surveillance Act, which would re... Read More

Privacy Tracker

WP29 Weighs In on the GDPR Trilogue Process

(Jun 18, 2015) As the EU continues to buzz about the beginning of the trilogue negotiations and the final stage of the arduous process of bringing the General Data Protection Regulation (GDPR) to fruition, the Article 29 Working Party (WP29) has now weighed in with its thoughts on the final stages of what is likely to be historic legislation. Those thoughts include a hard line on government access to citizen data, a nuanced approach to a “one-stop shop,” a call for mandatory DPOs, general skepticism of the ris... Read More

Privacy Tracker

The USA FREEDOM Act Explained

(Jun 16, 2015) Recently, President Obama signed the USA FREEDOM Act into law. Hailed, the “biggest intelligence reform in 40 years,”the FREEDOM Act is considered the first major pro-privacy change to U.S. intelligence law since the original enactment of the Foreign Intelligence Surveillance Act in 1978. Notably, the FREEDOM Act requires the government to obtain a targeted warrant to collect phone metadata from telecommunications companies, increases the transparency of the Foreign Intelligence Surveillance Cou... Read More

Privacy Tracker, Westin Research Center

EU Council of Ministers Adopts General Data Protection Regulation

(Jun 15, 2015) Fieldfisher’s Olivier Proust, CIPP/E, writes for Privacy Tracker about the draft General Data Protection Regulation (GDPR) adopted by the European Council of Ministers this week and what it means going forward. “From a procedural point of view, this is a big step forward,” Proust writes, noting that it will enable the trilogue process to begin “with a view to reaching a common position on the proposed text.” However, while we can expect things to move at a faster pace, “the time it takes for the GDPR to be adopted will depend largely on the EU Commission's ability to negotiate a common position that is agreed upon by all three parties.” Proust also highlights some major provisions adopted by the Council of Ministers. Read More

Privacy Tracker

Global News Roundup—June 8-15, 2015

(Jun 15, 2015) In this week’s Privacy Tracker legislative roundup, read about advancements in France’s proposed surveillance bill, questions about Germany’s data retention bill and the Garante’s clarification on Italy’s new cookie rules. In Canada, questions are being raised about a privacy provision in the government’s budget bill; the Office of the Privacy Commissioner has released its 2014 report to Parliament, and the Nova Scotia Information and Protection of Privacy Review Office released its first annual report. Australia is offering telcos the ability to apply for 18-month extensions for data retention compliance, and the U.S. has a new intelligence-gathering regime under the USA FREEDOM Act. Read More

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Chinese Regulation on Commercial Solicitations Provides Further Guidance on User Consent

(Jun 12, 2015) China’s telecommunications regulator, the Ministry of Industry and Information Technology (MIIT), has promulgated a new regulation aimed at cracking down on spam messages. Scott Livingston writes for Privacy Tracker about the Administrative Provisions on Telecommunications Short Message Services that governs the sending of commercial solicitations by text or in-app messaging, noting that “Although mainly targeting commercial solicitations, the SMS regulation provides additional guidance on the issue of ‘user consent’ that is likely to be of interest to companies involved in data collection activities in the Chinese mainland.” The regulation “indicates that MIIT is taking a more sophisticated view of how consent is obtained,” writes Livingston. Read More

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