In this week’s Privacy Tracker global privacy legislative roundup read about a new Dutch data retention bill, a watered-down Investigatory Powers Bill from the UK government and what’s expected next for U.S. cybersecurity law. Also, the Dubai International Financial Centre Commissioner for Data Protection has issued guidance on the export of personal data after the European Court of Justice’s Schrems decision, and hear what regulators from the EU and U.S. are saying about the world after Safe Harbor. Finally, get the latest word on the trilogue negotiations over the EU General Data Protection Regulation.
Latest News
The Dubai International Financial Centre (DIFC) Commissioner for Data Protection has issued guidance on the export of personal data outside the DIFCin light of the Schrems decision, reports the Norton Rose Fulbright Data Protection Report.
The Dutch Ministry of Security and Justice will propose a new data retention bill including restrictions on when prosecutors may request data from telecommunications providers, reports Telecompaper.
British Interior Minister Theresa May told the BBC that the government this week will propose a new version of the Investigatory Powers Billthat doesn’t allow law enforcement automatic powers to access people’s browsing history and will not require communication service providers to store third-party data, Reuters reports.
The Illinois General Assembly has recently passed legislation establishing a task force to recommend rules on drone use, with a deadline of July 1, 2016, CBS Chicago reports.
ICYMI
IAPP Publications Director Sam Pfeifle writes for The Privacy Advisorabout U.S. Federal Trade Commissioner Julie Brill's keynote address at the Amsterdam Privacy Conference where she noted that the EU and U.S. need to be “honest about the nature of our similarities and differences and assess the steps we need to take in order to develop a truly trusted framework for the transatlantic flow of information."
In the latest installment of a seven-piece series in The Privacy Advisoraddressing questions that followed the ECJ’s Safe Harbor decision, Hogan Lovells' Eduardo Ustaran, CIPP/E, a member of the IAPP GDPR Comprehensive Faculty, discusses such questions as "what now?"
European Commissioner Věra Jourová told the EU Parliament's LIBE Committee there are agreements "in principle" already in place with the U.S. Department of Commerce on a new version of Safe Harbor—but, Sam Pfeifle reports for The Privacy Advisor,a number of critical negotiating points remain.
Following the ECJ’s October 6 decision on Safe Harbor, "Fevered discussions of other exceptions, such as binding corporate rules and contracts, has followed," Denis Kelleher writes in this exclusive for The Privacy Advisor. What is missing from the debates, he explains, "is discussion of the Lindqvist Loophole." And in a second report, he notes the ECJ’s decision may have other implications after the Safe Harbor issue is resolved.
The latest word is that the trilogue negotiations over the EU General Data Protection Regulation will finish by year's end. In this exclusive for The Privacy Advisor,Angelique Carson, CIPP/US, shares insights from EDRi's Joe McNamee, Frederico Do Nascimento Costa of Brussels-based Community Public Affairs and Sébastien Houzé of the Federation of European Direct and Interactive Marketing.
GLOBAL
SC Magazine reports on the international implications of the passage of the Cybersecurity Information Sharing Act (CISA), while Law360 reports on what law firms need to know about CISA.
U.S.
In a 74-to-21 vote, the Senate approved the controversial Cybersecurity Information Sharing Act, Wired reports.
U.S. District Court Judge Edward Davila has dismissed a $15-billion suit that claimed Facebook surreptitiously employed cookies to track users' Internet habits. Davila found the plaintiffs didn't "adequately connect" the gleaned data "to a realistic economic harm or loss," Business Standard reports.
Another plaintiff has filed suit against the Office of Personnel Management after its hack affecting 21.5 million individuals, Reuters reports.
For undisclosed grounds, plaintiffs have requested the Ninth Circuit Court of Appeals dismiss their appeal against Judge Laurel Beeler's landmark ruling that Hulu had not violated the Video Privacy Protection Act, Media Post reports.
CANADA
The Supreme Court of Canada has decided that Alberta Information and Privacy Commissioner Jill Clayton has "leave to appeal" an earlier Alberta Court of Appeal ruling that she "lacked the legal authority to force public bodies to hand over documents which they claim are subject to solicitor-client privilege," Calgary Herald reports.
EU
In the wake of the European Court of Justice ruling on Safe Harbor, the UK Information Commissioner's Office informed schools via email that "they do not need to abandon leading Internet services despite fears about the legality of continuing to use them," BBC reports.
UK Home Secretary Theresa May disagrees with the High Court ruling that stated "the Data Retention and Investigatory Powers Act (DRIPA) was legally flawed," BBC reports.