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(May 26, 2015) The latest proposed draft of Germany’s data retention legislation includes a provision for keeping the data in Germany, which some say may not sit well with U.S. tech firms. Meanwhile, Belgium has written a lengthy recommendation stating why it should be regulating Facebook, and EU ambassadors have agreed to a proposal that would create three levels of fines for violations of the data protection overhaul. Also in this week’s Privacy Tracker weekly legislative roundup, South Africa is taking steps to appoint an information regulator and newly proposed drone regulations may conflict with business uses, and read about updates on the 21st Century Cures bill, PCLOB and the USA PATRIOT Act as well as state actions in the U.S. Read More

Privacy Tracker

The Belgian Facebook Recommendation: How the Nomination of a Single EU Data Controller is Under Fire

(May 20, 2015) Last week, the Belgian Privacy Commission published the first part of its much anticipated recommendation following its investigation into Facebook's data processing activities. For the data protection community, the most interesting part of this recommendation is not the assessment of Facebook's compliance. The real importance concerns the regulatory interpretation of the EU Data Protection Directive's applicable law principles, a topic that is of particular importance to all non-EU headquarte... Read More

Privacy Tracker

Student Privacy Legislative Update—May 19, 2015

(May 19, 2015) While conversations continue around the Kline-Scott discussion draft to amend the Family Educational Rights and Privacy Act (FERPA), Sen. David Vitter (R-LA) has introduced a new FERPA amendment, and Sens. Edward Markey (D-MA) and Orrin Hatch (R-UT) have reintroduced a 2014 amendment. The Data Quality Campaign (DQC) provides Privacy Tracker with this update on student privacy legislation in the U.S., noting that the Vitter bill “is alarmist in its approach to data and privacy and all but guts state Statewide Longitudinal Data Systems.” Also, get more information on the 178 bills DQC is tracking and two new state laws in Georgia and Maryland. Read More

Privacy Tracker

Global News Roundup—May 11-18

(May 18, 2015) In the EU, France’s new antiterrorism law has some wondering whether it’s within the confines of EU law; Belgium is making the case for its authority to regulate Facebook, and Italy’s general resolution on online profiling activities is now in force. South Africa has new regulations for drone operators, and Australia’s privacy commissioner just got an extra $4.2M to deal with the new data retention law. Also in this week’s Privacy Tracker weekly legislative roundup, read about proposals at the U... Read More

Privacy Tracker

A Historical Primer for This Week’s Judicial and Congressional Actions on Section 215 Bulk Collection

(May 14, 2015) The past week has seen two significant events concerning Section 215 of the USA PATRIOT Act—the most contentious legal issue in the wake of the Edward Snowden revelations. On May 7, the Second Circuit ruled that “the telephone metadata program exceeds the scope of what Congress has authorized and therefore violates” Section 215. On May 13, the House of Representatives approved the USA FREEDOM Act by 338-88, which, if enacted, would limit by statute collection of domestic telephone metadata and o... Read More

Privacy Tracker

Global News Roundup—May 4-11

(May 11, 2015) France’s Lower House has passed a surveillance bill that some claim will give the government intrusive domestic spying abilities with little oversight, and Italy’s data protection authority has released a cookie compliance deadline and max fine amounts. Meanwhile, Jan Philip Albrecht is predicting no passage of a General Data Protection Regulation this year. Also in this week’s Privacy Tracker global legislative roundup, read about China’s new draft legislation that would create national Internet and information-security safeguard systems. In the U.S., bills have been introduced at the federal level addressing “back doors” for government surveillance, student privacy, data from vehicle event recorders, cybersecurity and breach notification. Read More

Privacy Tracker

Will the Seventh Circuit Open the Door For Data Breach Plaintiffs?

(May 7, 2015) With the rising tide of data breaches has come a flood of breach-related lawsuits, many of which fall flat when measured up against the Clapper definition of “certainly impending” harm. Jason Hirsh, a partner at Levenfeld Pearlstein, LLC, writes for Privacy Tracker that this may change. The Illinois Seventh Circuit is poised to address Article III’s constitutional standing. Two breach cases “are currently winding their way through the appellate process in the Seventh Circuit. These appeals challenge the district court’s application of Clapper and argue that this decision did not invalidate earlier Seventh Circuit precedent,” Hirsh writes. Read More

Privacy Tracker

Global News Roundup—April 27-May 4

(May 4, 2015) In this week’s Privacy Tracker roundup, read about a bill introduced in the U.S. House of Representatives by Reps. Randy Neugebauer (R-TX) and John Carney (D-DE) that “would require companies to notify customers following a breach and set nationwide data security standards.” Read the latest on several proposed state laws in the U.S. as well as Oman’s draft information protection law. In Australia, the Office of the Privacy Commissioner has made a ruling on metadata, and in Canada, a cyberbullying law continues to raise concerns. And read why one expert believes the EU needs a “digital regulator.” Read More

Privacy Tracker

Student Privacy Legislative Update—April 30, 2015

(Apr 30, 2015) What a week! As expected, Reps. Luke Messer (R-IN) and Jared Polis (D-CO) introduced their updated Student Digital Privacy and Parental Rights Act of 2015. In addition, a coalition of 18 education organizations has released a paper on the federal role in safeguarding student data. Meanwhile, discussions about FERPA, opt-out, and more continue at breakneck speed. Details on all of this and more below. Federal Update Reps. Messer and Polis introduced their finalized Student Digital Privacy and P... Read More

Privacy Tracker

New Cybersecurity Regulatory Guidance for the Insurance Industry

(Apr 28, 2015) On April 16, the NAIC's Cybersecurity Task Force announced twelve "Principles for Effective Cybersecurity Insurance Regulatory Guidance," intended to advise industry regulators concerning the privacy and security practices of insurance agents, companies and others that fall under their jurisdiction. Here's what privacy professionals should know about this new set of principles. Whose Principles? The NAIC, or National Association of Insurance Commissioners, is an organization created as a forum... Read More

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