U.S. legislators introduced bills on student privacy and anti-surveillance, judges granted Wyndham’s appeal and told Microsoft it must turn over data stored in Ireland and states have new data destruction, social media, revenge porn and drone laws. In South Korea, there are plans to up the ante on punishing organizations that fail to protect consumer data and in the UK, the House of Lords decried the right to be forgotten in a report, while TheJapan Herald has called for new rules on the handling of personal information. Read about these developments and more in this week’s Privacy Tracker weekly legislative roundup.
LATEST NEWS
Government officials in South Korea announced plans to implement stricter punishments for failing to properly protect customer data, and may include compensation for victims of data theft, reports The Korea Herald.
Sen. Kirsten Gillibrand (D-NY) has introduced a bill to give tax credits to organizations to cover the cost of joining cybersecurity information sharing groups, noting, “Just as they purchase insurance and security systems, they should enter into agreements with information sharing organizations to help defend against cyber-threats.”
Law360 reports that the U.S. House passed a trio of cybersecurity bills aiming to improve cybersecurity for critical infrastructure, including one that would strengthen theNational Cybersecurity and Communications Integration Center to enable better data sharing between the agency and the operators of critical infrastructure.
Mondaq has published anupdate on changes to U.S. state data breach notifications laws in the first half of 2014.
Delaware Gov. Jack Markell signed a new law creating data destruction requirements for the disposal of business records containing consumer personal information, reports Hunton & Williams’ Privacy and Information Security Law Blog.
Illinois Gov. Pat Quinn signed a law extending drone regulations to privately owned devices, meaning, “individuals and businesses cannot be required to give information collected by privately owned drones to the authorities” without a warrant, reports Evanston Now.
Louisiana’s social media privacy bill is in effect, reports WAFB.
Bloomberg BNA reports, a Rhode Island hospital will pay Massachusetts $150,000 for failure to protect MA residents’ data. DLA Piper’s Peter McLaughlin says this is a sign of the Massachusetts Attorney General’s willingness “to reach across the border.”
New York Gov. Andrew Cuomo closed a loophole in a revenge porn bill, making it illegal to “use a device to view, broadcast or record another person engaged in sexual conduct without their consent, regardless of whether that other person's sexual parts were broadcast or not,” according to a press release.
ICYMI
"What is a diligent privacy professional to think, let alone tell any clients or colleagues when they ask the most current question of the privacy profession: What is going on in Brussels?" Christian Wiese Svanberg of Plesner Law Firm writes for Privacy Tracker that your best bet may be to look outside Brussels for answers.
U.S.
Sen. Patrick Leahy (D-VT) introduced his surveillance reform billand drew thesupport of the administration, advocates and industry.
A judge foundU.S. law enforcement can force Microsoft to turn over emails it stores in Ireland, making her determination based on who controls the data, not where the data is stored.
A federal appeals court has agreed to accept hotel chain Wyndham’s petition to appeal Federal Trade Commission (FTC) vs. Wyndham Worldwide Corporation et.alto determine whether the FTC has the authority to bring charges against companies based on their alleged failure to protect consumers' data.
The House Energy and Commerce Committee passed a bill that would allow law enforcement agencies to access cell phone users’ geolocation information in emergencies, The Hill reports.
Bank Info Security reports that President Barack Obama won't support the Cybersecurity Information Sharing Act of 2014 until privacy concerns are addressed.
Missouri will vote on police access to cell phones this weekand Sen. Paul LeVota (D-Independence) introduced a bill to Protect SSNs.
CANADA
The Canadian Press reports that Ontario Justice John Sproat has agreed to hear a Charter of Rights challenge brought by Telus and Rogers over police access to cell phone data.
EU
The Law Society Gazette reports that a report from a UK House of Lords subcommittee says the right to be forgotten “must go.”
Out-Law.com reports that the European Society of Medical Oncologists (ESMO) is concerned if the EU General Data Protection Regulation becomes law, “retrospective clinical research, biobanking and population-based cancer registries” could be put at risk.