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(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

Global News Roundup—March 23-30, 2015

(Mar 30, 2015) After months of contentious debate, Australia has passed its data retention law. Meanwhile, the Dutch justice minister to the Parliament has told communications providers that nation’s retention law no longer applies to them. Also in this week’s Privacy Tracker roundup, read about movement on U.S. bills including the Driver Privacy Act, Arkansas’ Personal Rights Protection Act, California’s CalECPA and Maine’s drone privacy bills. Also read about a surprising move by Virginia’s governor to change a legislature-approved license-plate reader bill and New Mexico’s failure to pass a breach notification bill. Read More

Privacy Tracker

Data Security and Breach Notification Legislation Gaining Traction in Congress

(Mar 30, 2015) The Hogan Lovells Privacy Team writes for Privacy Tracker about the Data Security and Breach Notification Act of 2015 (DSBN), which recently passed the House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade. “The DSBN is intended to create a single national security and breach notification standard for most private-sector organizations that handle personal information in electronic form,” the authors write, providing an analysis of five key provisions that are “likely to be at issue as the legislation moves forward.” Read More

Privacy Tracker

FOIA versus the Privacy Act: A Comparison and Analysis

(Mar 24, 2015) At first glance, the Freedom of Information Act and the Privacy Act may seem to achieve similar goals; however “there are, in fact, distinct and important differences in their objectives” and also “in the application of the laws and the ways the government responds to access requests,” writes Todd Walls, CIPP/G, CIPM, for Privacy Tracker. Walls offers an analysis of the two laws, including tips on responding to requests as well as an accompanying comparison chart in the IAPP Resource Center. Read More

Privacy Tracker

Global News Roundup—March 16-23, 2015

(Mar 23, 2015) While Australia’s lower house and Belarus’s Ministry of ITC passed data retention bills, Bulgaria’s constitutional court struck down a similar law. Madagascar is considering privacy legislation for the first time in an effort to boost international business in the country, and the Russian Internet ombudsman has proposed amending its data localization requirement. Also in this week’s Privacy Tracker roundup, read about continuing concerns in the U.S. over CISA and the Data Security and Breach Not... Read More

Privacy Tracker

The Implications of China’s Draft Anti-Terrorism Law for Global Technology

(Mar 18, 2015) In this Privacy Tracker post, Scott Livingston analyzes the controversial antiterrorism law being considered in the People’s Republic of China. While American sources claim the government has backed off from discussions, China’s Foreign Ministry says “deliberations of the draft are still ongoing,” and, Livingston writes, “it looks likely that some form of the law will be passed this year. Companies with operations in China would be wise to familiarize themselves with the present draft, as its provisions are instructive for understanding the future direction of China’s Internet policy.” Read More

Privacy Tracker

Day of Action Protests Oppose Anti-Terrorism Act

(Mar 18, 2015) While last weekend’s “Day of Action” protests across Canada opposed the government’s proposed Anti-Terrorism Act—not to mention concerns voiced by Privacy Commissioner Daniel Therrien and “four former prime ministers of Canada, five former Supreme Court of Canada judges, several former ministers of justice, former privacy commissioners and others”—polls suggest that the bill is still supported by the majority of Canadians. Timothy Banks, CIPP/C, asks in this third post on Bill C-51 for Privacy Tracker, “Is the government only listening to the polls?” and explores the bill’s proposed new powers for the Canadian Security Intelligence Services Agency. Read More

Privacy Tracker

Colombia: Is a Data Protection Officer Required for Compliance?

(Mar 17, 2015) With 47 million people and the third-largest economy in Latin America behind Brazil and Mexico, Colombia is increasingly a place where multinational firms are doing business. Further, Colombia is looking to fit into the global marketplace by establishing itself as a jurisdiction where data protection and privacy are taken seriously. Over the past few years, Colombia has passed and implemented various privacy laws and regulations, including Law 1581 in 2012, Decree 1377 in 2013, Resolution 20752... Read More

Privacy Tracker

No Food, No Drink, No Water: EU Ministers Agree on One-Stop Shop, Plan June Lock-In

(Mar 17, 2015) EU ministers dramatically agreed to hold a marathon meeting of the Justice and Home Affairs Council in June in order to finalize their version of the EU General Data Protection Regulation, having earlier reached agreement on the regulatory one-stop shop and the principles underpinning the regulation. Agreement in June would then allow trilogue discussions between the Council of the EU, the European Parliament and the European Commission to commence in the summer with a view to agreeing on the w... Read More

Privacy Tracker

Global News Roundup—March 10-16, 2015

(Mar 16, 2015) In this week’s Privacy Tracker roundup, read about updates to breach notification laws in the U.S. in Montana and Wyoming, plus Wyoming’s broadening of the definition of personally identifiable information. In Canada, Bill C-13, the controversial anti-cyberbullying law, is in effect, and a Quebec man is challenging border searches. In the Cayman Islands, a cancer registry law is causing privacy concerns for a human rights group. In the EU, the Court of The Hague struck down the Dutch data retention law, and Germany plans to introduce its own. Meanwhile, Paraguay has delayed talks on its data retention bill. Read More

Privacy Tracker