In this week’s Privacy Tracker weekly legislative roundup, read about a draft e-commerce law in China that would have extraterritorial reach. Also, India is working toward legislation to protect individuals from a data breach; the United Arab Emirates' central bank released a data protection and outsourcing framework for virtual currencies and electronic payment systems; and the parliamentary opposition in Trinidad and Tobago forced a FACTA implementation bill to a special committee citing privacy concerns. Plus learn about U.S. President Donald Trump’s SCOTUS pick and his history on privacy, the push for ECPA updates and proposals in Hawaii that would require police departments to disclose the identities of officers disciplined multiple times or fired.
LATEST NEWS
Bermuda’s Minister of Economic Development spoke to the House of Assembly of the importance of creating an Office of the Privacy Commissioner for the country’s data protection law passed last July, reports Bernews.
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BNA reports that China’s new draft ecommerce law has data security provisions that would apply to companies outside the nation, but targeting consumers there.
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India’s government is working on legislation to protect individuals from a data breach, reports The Economic Times.
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The leader of the parliamentary opposition in Trinidad and Tobago, Kamla Persad-Bissessar, has forced into special committee legislation to implement the U.S. Foreign Account Tax Compliance Act, citing privacy and sovereignty rights, reports The Hill.
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The United Arab Emirates' Central Bank has released a framework for virtual currencies and electronic payment systems mostly pertaining to data protection and outsourcing, reports Gulf News Analysis.
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Foley and Lardner offers this overview of U.S. state breach notification statutes, and what to look for in the coming year.
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Hawaii’s state legislature is reviewing a bill that would require police departments to disclose the identities of any police officer disciplined multiple times or fired, reports Hawaii News Now.
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Officials in Missouri’s statehouse continue to disagree on privacy issues surrounding the creation of a state prescription drug monitoring program, meaning the state continues to be the only in the U.S. without one.
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A New Jersey court has ruled that social media communications are not covered by state wiretapping laws, reports NJ.com.
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ICYMI
Earlier this month, the European Commission published a draft ePrivacy Regulation. Sachin Kothari, CIPP/US, writes about the draft’s “push for a structured framework on technology enablers for companies doing business within Europe."
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Members of Hogan Lovells' privacy team offer up their expectations for what 2017 will look like in terms of cybersecurity legislation and policy, for Privacy Tracker
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Denis Kelleher, CIPP/E, writes for Privacy Tracker about the impact of the Court of Justice of the European Union’s ruling in Rotenberg v. Council, in which the court adopted a "pragmatic approach that might be characterized as 'fix it, move on, pay damages.'”
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In this exclusive for The Privacy Advisor, Hannah Ji, CIPM, CIPP/E, CIPP/US, and Jerry Fang describe the difficulties in complying with newly passed Cybersecurity Law of the People’s Republic of China and what to expect in the near future.
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US
House Judiciary Committee Chairman Bob Goodlatte, R-Va., discussed the panel’s top tech priorities, including updates to the Electronic Communications Privacy Act of 1986, and Section 702 of the Foreign Intelligence Surveillance Act, Morning Consult reports.
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Leaked drafts of the cybersecurity executive order yet to be signed by President Donald Trump state the Pentagon would be given equal footing with the Department of Homeland Security over cybersecurity, the Guardian reports.
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The U.S. Treasury Department has allegedly reduced some economic sanctions on Russia, allowing for a limited amount of cybersecurity transactions with the Russian Federal Security Service, USA Today reports.
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During a recent speech at the American Bar Association's Consumer Protection Conference, Acting Federal Trade Commission Chair Maureen Ohlhausen argued that company said enforcement actions under her authority will "address concrete consumer injury" instead of "speculative injury" or "subjective types of harm."
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Ars Technica has done a roundup of Supreme Court justice nominee Neil Gorsuch's privacy rulings and subsequent legal attitudes, finding that in an August 2016 decision, "Gorsuch ruled in favor of e-mail privacy."
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Should President Donald Trump's Supreme Court justice nominee, Neil Gorsuch, fill the late Antonin Scalia's spot on the bench, he could play a major role in cellphone location data and other privacy-related cases, BuzzFeed News reports.
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Alterations to the Illinois Personal Information Protection Act have added new protections for state residents and have more clearly defined what actions could result in public notification following a data breach, Cook County Record reports.
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ASIA PACIFIC
New Zealand Privacy Commissioner John Edwards has proposed six recommendations to revamp the country’s Privacy Act.
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The Office of the Australian Information Commissioner has released an interactive performance portal that showcases important touchstones from the 2015-16 annual report in a straightforward way, the agency reports.
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The Supreme Court of Japan dismissed a man’s “right-to-be-forgotten” request after the individual sought to have internet search results about his arrest in a child prostitution case removed, The Japan Times reports.
CANADA
The Information and Privacy Commissioner of Ontario Brian Beamish said big data can be very beneficial to municipal, provincial and federal governments, but new privacy legislation is needed, IT World Canada reports.
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EUROPE
The Article 29 Working Party has announced it has extended the deadline for commenting on a list of adopted guidelines from Jan. 31 to Feb. 15. Those documents include "Guidelines and FAQ on the right to Data Portability," "Guidelines and FAQs on Data Protection Officers," and "Guidelines and FAQs on the Lead Supervisory Authority."
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The German Ministry of the Interior has released a revised version of its Federal Data Protection Act after its original in August 2016 was criticized by analysts and data protection authorities, Hogan Lovells' Chronicle of Data Protection blog reports.
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TechCrunch reports, U.K. Minister of State for Digital and Culture Matt Hancock told a U.K. House of Lords committee the country will harmonize the General Data Protection Regulation with domestic law, while adding the government wishes to continue sharing data with the EU for law enforcement purposes.
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