This week’s Privacy Tracker legislative roundup includes legislation introduced in both Missouri and Kansas aiming to protect electronic communications and data from government intrusion. This comes after an Arizona representative announced she will propose legislation to effectively ban the National Security Agency from that state. The roundup also includes news of Pennsylvania considering an expansion of its DNA collection to those arrested for felonies and misdemeanors that require registration as sex offenders and the release of a new draft of the Data Protection Bill in the Cayman Islands.
Anti-NSA Surveillance Legislation Proposed in MO and KS
A resolution proposed in Missouri would make e-mails, phone records and Internet records, among others, obtained without a warrant inadmissible in court, reports Tenth Amendment Center. SJR 27 proposes an amendment to the state’s constitution that adds “electronic communications and data” to the list of things protected from unreasonable searches and seizures.
In Kansas, State Rep. Brett Hildabrand has pre-filed the Kansas Fourth Amendment Preservation and Protection Act, which addresses the issue of information sharing, The Washington Times reports. “The bill would ban all state and local government in the state from ‘possessing or attempting to possess’ such information unless a person gives ‘express and informed consent,’ or the local or state government ‘obtains a warrant, upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized,’” the report states.
New Data Protection Bill in the Caymans Expected
After receiving less-than-positive feedback last time it was introduced for comment, a revised data protection bill is expected to come before the Legislative Assembly in the coming year, reports CayCompass.com. The bill would apply to both public- and private-sector organizations in the Cayman Islands as well as “entities outside the islands that have certain data processing functions here,” the report states. The Human Rights Commission has reviewed the bill and passed it along to the Legislative Assembly, identifying some concerns including the complexity of the bill.
PA Bill Would Expand DNA Collection
The Pennsylvania House of Representatives is considering a bill that would require police to collect DNA samples from people arrested for any felony or misdemeanor that requires registration as a sex offender, reports TribLive. Senate Majority Leader Dominic Pileggi (R-DE) introduced the bill and says passing the bill would put the state on par with others that have expanded their DNA databases.
Trends for 2014? Try Increased Enforcement
AdAge offers its top three privacy changes to plan for in 2014. California’s Do-Not-Track (DNT) law has gone into effect, mandating websites indicate in their privacy policies how they respond to DNT signals. Interactive Advertising Bureau Senior VP and General Counsel Mike Zaneis said, “There’s always smoke in a handful of state legislatures, but there’s only fire in California.” In light of NSA surveillance of Europe, the EU is expected to come down strong on its Safe Harbor agreement with the U.S. ZwillGen Privacy Counsel Mason Weisz said, “The Europeans are upset, and I think there will be some attempt to placate them in the U.S.” Finally, industry and federal enforcement is expected. The Better Business Bureau has promised to increase enforcement in the behavioral advertising ecosystem, while the Federal Trade Commission is expected to bolster enforcement of the recently updated Children’s Online Privacy Protection Act. With pressure from industry and federal regulators, Weisz said it will “encourage companies to make more representations … and more representations means more risk.”
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