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Privacy Tracker | Tracking the Top Ten in Privacy Legislation Related reading: Notes from the IAPP, March 27, 2020


Privacy law. Privacy + law. Some may see good potential for a snooze fest there, but this year’s top Privacy Tracker stories will surely prove them wrong. From China to California to the EU; starring giants of the leisure industry, the tech industry and global governments, and encompassing battles over personal freedoms and government overreach, these are stories that made sure nobody in privacy could nap on the job.

Below, based on click rates, are the year’s most interesting privacy law stories. This may not quite get Barbara Walters-style ratings, but it should. These legislative changes have the power to alter the way billions of people access information—and are surveilled by their governments and their service providers—and may truly shape the modern definition of privacy.

Not to put too sharp a point on it.

Enjoy, and thanks for a great 2014. We’ll be back in 2015 with more legislative analysis.

European Parliament Votes in Favor of Proposed Data Protection Reform
By Jedidiah Bracy, CIPP/US, CIPP/E
The European Parliament voted in March with overwhelming support for the proposed European General Data Protection Regulation, ensuring that the regulation, in legislative process for more than two years, stayed on the table. Covington & Burling Special Counsel Monika Kuschewsky and European data protection expert Eduardo Ustaran, CIPP/E, provide analysis of the vote and look forward to the next steps and what businesses can expect.

California’s Newest Privacy Wave
By Patricia Bailin, CIPP/US
In October, California Gov. Jerry Brown signed several bills into law addressing a variety of privacy, security, breach notification and surveillance concerns. IAPP Westin Research Fellow Patricia Bailin, CIPP/US, wrote about this wave of legislation.

ECJ rules "right to be forgotten" applies to search engines
By Patrick Van Eecke
“In a landmark ruling the European Court of Justice (ECJ) ruled that search engines, as a principle, need to remove the link between search results and a webpage if it contains information the individual deems should be ‘forgotten.’” DLA Piper’s Patrick Van Eecke analyses the case and the ECJ’s decision

Snap to it—The FTC’s most recent enforcement matter against Snapchat, and what it means for your company
By Andrew Serwin
In May, the Federal Trade Commission (FTC) alleged Snapchat was involved in numerous activities that went directly against promises it made to users in its privacy policy and elsewhere. Morrison & Foerster’s Andrew Serwin, CIPP/US, CIPP/E, CIPP/G, analyzed the allegations and subsequent sanctions, highlighting key takeaways for other businesses to consider.

Industry Canada finalizes regulations under CASL
By Shaun Brown
Shaun Brown of nNovation offered a detailed breakdown of the new regulations under Canada’s Anti-Spam Legislation (CASL). Changes include new exceptions for closed platforms, limited-access accounts where organizations communicate directly with recipients, messages targeted at foreign persons and fundraising by charities and political parties.

The Wyndham Decision: Where Does Cybersecuirty Legislation Go from Here?
By Andrew Prioa
The FTC v. Wyndham case has been called by some­ the “most important federal court decision on data security enforcement,” but what does it mean for the possibility of cybersecurity legislation in the U.S.? Andrew Proia, a postdoctoral fellow at Indiana University, outlines some possible outcomes.

Spoiler Alert: Illinois May No Longer Require Two-Party Consent, but California Still Does
By Tanya Forsheit, CIPP/US
Baker & Hostetler’s Tanya Forsheit, CIPP/US (then at InfoLawGroup), breaks down the People v. Clark decision deeming Illinois’ two-party consent law unconstitutional and why most other two-party state laws won’t be affected—most notably California’s.

COPPA Is Not Just for Kids’ Websites Anymore
By Joanne Furtsch, CIPP/US, CIPP/C
The Federal Trade Commission has taken to court a popular app for all audiences, meaning, "It's not just online services and websites targeted toward children that need to be diligent about following Children's Online Privacy Protection Act (COPPA) regulations," writes Joanne Furtsch, CIPP/US, CIPP/C, of TRUSTe..

What is next for Europe's data protection reform?
By Christian Wiese Svanberg
With mixed messages from the European Commission about the progress—or lack thereof—of EU data protection reform, "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 that your best bet may be to look outside Brussels for answers. Wiese Svanberg highlights the importance of a recent proposal out of Germany, why matters have been held up and what's to come.

Data Protection in Singapore: The Status of Enforcement
By Paul Lanois
In the final post of this two-part series on data protection in Singapore, Paul Lanois writes about the Personal Data Protection Commission's enforcement of the Do-Not-Call Registry and offers a glimpse at its ongoing investigations.


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