California Senate Passes Internet Privacy Bill
The California state Senate unanimously passed an Internet privacy bill that would require operators of commercial websites or online services that collect personal information to disclose on their sites whether they honor users’ "do not track" requests.

AB370 also states operators would have to disclose whether they allow third parties to collect personal information from site users.

The bill was proposed by Assemblyman Al Muratsuchi (D-Torrance) and has the support of Attorney General Kamala Harris and, according to The Republic, Microsoft is its only industry supporter. It will now go back to the Assembly for a final vote on amendments.

State Law Would Implement Jones v. United States and Then Some
Michigan Jeff Irwin (D-Ann Arbor) has proposed HB 4811, which, if passed, would implement the U.S. Supreme Court ruling on Jones v. United States and make warrantless GPS tracking of suspects illegal. But that’s not all. Livingston Daily reports the bill also aims to penalize law enforcement officers for the practice—with up to a year in prison or a fine of $1000.

Wisconsin Looking at Employee Web Privacy Bill
Sen. Glenn Grothman (R-District 20) and Rep. Melissa Sargent (D-Madison) have proposed a bill that would make it illegal for employers to ask workers or job applicants for passwords to social media accounts, reports The bill has bipartisan support and is expected to move through the legislature quickly. If AB 218 goes through, Wisconsin would be the ninth state to employee social media laws this year, with six being passed in 2012.

The Class-Certification Battleground
Privacy and data breach class actions are on the rise. Plaintiffs typically claim that the defendant—whether a retailer, hospital, health insurer, payment card processor or other company handling their personal information—failed to adequately protect their information, used that information for unauthorized purposes or otherwise violated their privacy rights. But, as David M. Governo and Corey M. Dennis, CIPP/US, highlight in this exclusive for The Privacy Advisor, such plaintiffs are often unable to overcome the class-certification hurdle, which generally results in the failure of the case. Why do some succeed where others fail?
Full Story

Should Smith v. Maryland Be Revisited?
With more focus on the recent dragnet collection of phone metadata by the National Security Agency, NPR explores whether the legal precedent—the 1979 case, Smith v. Maryland—needs to be revisited. Smith v. Maryland is at least one case that supports the third-party doctrine—when information is shared with a third party, a person’s expectation of privacy is diminished. Stanford University Prof. Jennifer Granick said, “Nothing in Smith v. Maryland authorized mass surveillance, and the information that was collected (in that case) is a much narrower category than the information that the government’s currently getting.” Since so much data is now shared with third parties—including location information from smartphones—individuals are constantly revealing their location, which “is not information that you voluntarily disclose to anybody,” Granick added.
Full Story

Telecoms Want FTC as Regulator
Financial Times reports the biggest U.S. cable and telecommunications companies are lobbying for a relaxation of privacy rules to allow them to sell data on customers’ telephone use. The companies want to be regulated more like private companies such as Google and Facebook rather than public utilities, arguing the regulatory landscape hasn’t kept pace with technological advances. The change, which would require new legislation, would transfer oversight of the companies from the Federal Communications Commission to the Federal Trade Commission (FTC). FTC Privacy and Identity Protection Associate Director Maneesha Mithal supports the shift, saying current law seems “gerrymandered to have a carve-out on mobile.” Not everyone agrees. (Registration may be required to access this story.)
Full Story

Gov't Wants Court To OK Warrantless Cellphone Searches
The Obama administration has asked the Supreme Court to rule that police are free to search the contents of an arrested individual’s cellphone without a warrant, SCOTUSblog reports. A First Circuit Court kept intact a ruling that searches are unconstitutional, but the administration wants the decision overturned, arguing that “police have long had the authority, without a warrant, to search items that are found on a person whom they arrest” and that creating exceptions on an “item-by-item” basis would complicate police enforcement.
Full Story


Google Says UK Privacy Law Doesn't Apply
Google has told British consumers in a privacy claim that it doesn’t have to answer to UK courts and the country’s privacy laws don’t apply to the company, IDG News Service reports. Google will fight UK Safari users’ right to bring a case in the country and will force the plaintiffs to instead file the suit in California. The plaintiffs are seeking damages, disclosure and an apology from Google for allegedly circumventing users’ security settings and tracking them on Apple’s Safari browser, the report states.
Full Story

Latin America

Tech Giants Concerned About Brazil’s Proposed Law
Brazil is currently crafting its first nationwide set of data protection and Internet governance laws. Recent amendments to the country’s Internet Constitution, or the Marco Civil da Internet, have raised concerns among some U.S.-based tech companies. A new amendment would require data to be stored locally, ZDNet reports, causing representatives from Google and Facebook to raise red flags. Facebook’s Bruno Magrani has said the company is concerned because it would be “an enormous technical challenge” for the company and could jeopardize its service in Brazil. Part of the thinking behind storing data locally, according to Foreign Policy, is to protect Brazilians from U.S. government surveillance.
Full Story

Asia Pacific

In New Zealand, GCSB Passes, Key Rebuffs Spying Fears
Parliament narrowly passed the Government Communications Security Bureau (GCSB) bill on Wednesday, which some say expands the agency’s ability to spy on New Zealanders, reports The New Zealand Herald. Prime Minister John Key assured, however, that claims the bill allows “for wholesale collection of metadata without a warrant,” are not true, adding that, under GCSB, metadata will be treated the same as content. Labour leader David Shearer was less optimistic, saying New Zealand has lost an opportunity to be a world leader in “charting a path through these dilemmas…” Key maintains the law "isn't a revolution in the way New Zealand conducts its intelligence operations…It simply makes clear what the GCSB may and may not do."
Full Story

Written By

Emily Leach, CIPP/US


If you want to comment on this post, you need to login.


Board of Directors

See the esteemed group of leaders shaping the future of the IAPP.

Contact Us

Need someone to talk to? We’re here for you.

IAPP Staff

Looking for someone specific? Visit the staff directory.

Learn more about the IAPP»

Daily Dashboard

The day’s top stories from around the world

Privacy Perspectives

Where the real conversations in privacy happen

The Privacy Advisor

Original reporting and feature articles on the latest privacy developments

Privacy Tracker

Alerts and legal analysis of legislative trends

Privacy Tech

Exploring the technology of privacy

Canada Dashboard Digest

A roundup of the top Canadian privacy news

Europe Data Protection Digest

A roundup of the top European data protection news

Asia-Pacific Dashboard Digest

A roundup of the top privacy news from the Asia-Pacific region

IAPP Westin Research Center

Original works. Groundbreaking research. Emerging scholars.

Advertise in IAPP Publications

Find out how to get your message in front the people you want to reach. Download a media kit now.

Get more News »

Find a KnowledgeNet Chapter Near You

Network and talk privacy at IAPP KnowledgeNet meetings, taking place worldwide.

Women Leading Privacy

Events, volunteer opportunities and more designed to help you give and get career support and expand your network.

IAPP Job Board

Looking for a new challenge, or need to hire your next privacy pro? The IAPP Job Board is the answer.

Join the Privacy List

Have ideas? Need advice? Subscribe to the Privacy List. It’s crowdsourcing, with an exceptional crowd.

Find more ways to Connect »

Find a Privacy Training Class

Two-day privacy training classes are held around the world. See the complete schedule now.

Online Privacy Training

Build your knowledge. The privacy know-how you need is just a click away.

The Training Post—Can’t-Miss Training Updates

Subscribe now to get the latest alerts on training opportunities around the world.

New Web Conferences Added!

See our list of upcoming web conferences. Just log on, listen in and learn!

Train Your Staff

Get your team up to speed on privacy by bringing IAPP training to your organization.

Learn more »

CIPP Certification

The global standard for the go-to person for privacy laws, regulations and frameworks

CIPM Certification

The first and only privacy certification for professionals who manage day-to-day operations

CIPT Certification

The industry benchmark for IT professionals worldwide to validate their knowledge of privacy requirements

Certify Your Staff

Find out how you can bring the world’s only globally recognized privacy certification to a group in your organization.

Learn more about IAPP certification »

Get Close-up

Looking for tools and info on a hot topic? Our close-up pages organize it for you in one easy-to-find place.

Where's Your DPA?

Our interactive DPA locator helps you find data protection authorities and summary of law by country.

IAPP Westin Research Center

See the latest original research from the IAPP Westin fellows.

Looking for Certification Study Resources?

Find out what you need to prepare for your exams

More Resources »

GDPR Comprehensive: Registration Open

New! Intensive two-day GDPR training led by the sharpest minds in the field. It's a can't-miss event.

The Congress Is Cancelled

The IAPP Europe Data Protection Congress 2015 is cancelled. Click through to learn more.

Sponsor an Event

Increase visibility for your organization—check out sponsorship opportunities today.

Exhibit at an Event

Put your brand in front of the largest gatherings of privacy pros in the world. Learn more.

More Conferences »

Become a Member

Start taking advantage of the many IAPP member benefits today

Corporate Members

See our list of high-profile corporate members—and find out why you should become one, too

Renew Your Membership

Don’t miss out for a minute—continue accessing your benefits

Join the IAPP»