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(Feb 8, 2016) As many in the U.S. watched Super Bowl 50 last night, the city of San Francisco and surrounding areas — including Santa Clara, where the actual game was held — have faced two weeks of ramped-up security. Traditionally, sporting events and music festivals require a trade-off between privacy and access to the event. Yet, this is usually done at the event’s entrance. This year’s Super Bowl, however, with increased concerns about terrorism, has not only increased use of surveillance at the game, but in many parts of the city as well — affecting people that may not want anything to do with the game. In this post for Privacy Perspectives, Jedidiah Bracy, CIPP/E, CIPP/US, looks into the security precautions in San Francisco and what it means for the privacy of those living in the area. Read More

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FCC issues CPNI cert enforcement advisory

(Feb 8, 2016) The Federal Communications Commission has issued an enforcement advisory reminding telecommunications and interconnected VoIP providers to file their annual reports that certify compliance with the agency’s Customer Proprietary Network Information rules by March 1. The FCC notes that protecting CPNI is of “paramount importance, as CPNI includes some of the most sensitive personal information that carriers have about their customers as a result of their business relationship.” The advisory also warns that the FCC intends “to strictly enforce the rules.” Companies out of compliance face up to $160,000 per violation and up to a maximum of $1,575,000. Read More

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Roundup: Brazil, EU, UK, US and more

(Feb 8, 2016) Brazil’s Ministry of Justice is opening a consultation on a draft Internet Decree aiming to regulate its Internet Civil Rights Framework; the EU and U.S. have agreed upon a new data transfer mechanism — EU-U.S. Privacy Shield; and the U.K. has announced plans not to comply with a section of the newly passed EU General Data Protection Regulation. In this Privacy Tracker weekly legislative roundup, get info on all these developments plus learn about Turkey’s draft Data Protection Law, and get an update on U.S. privacy legislation and surveillance legislation drawing ire in Poland. (IAPP member login required.) Read More

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A look behind the Privacy Shield negotiations

(Feb 8, 2016) Politico reports on the long and strenuous negotiations to come up with a new trans-Atlantic data transfer agreement between the EU and U.S. In a report sourced by 10 of the deal’s negotiators, who remain anonymous, a breakthrough phone call came late last Tuesday night by U.S. Secretary of State John Kerry to the European Commission’s first Vice President Frans Timmermans. The report also details the roles played by the European Commission’s Vera Jourová and U.S. Department of Commerce Secretar... Read More

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Op-ed: Privacy Shield brings lots of ‘uncertainty’

(Feb 8, 2016) While the conclusion of the EU-U.S. Privacy Shield agreements represents the culmination of a Herculean effort, the decision is still plagued by enormous “uncertainty” that requires further discussion, Intel Corp.’s David Hoffman, CIPP/US, wrote in an op-ed for New Europe. Issues like essential equivalency, surveillance and data employment for anti-terrorist measures are among those that need to be explored with greater clarity, Hoffman argued. “The results of that conversation between friends c... Read More

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Government making privacy progress, report finds

(Feb 8, 2016) The Privacy and Civil Liberties Oversight Board’s recent review of the government’s privacy practices indicates increased compliance, The Hill reports. The review found that 13 of the proposed 22 recommendations made post-Snowden “have been implemented in full, either through executive action or by Congress,” with nine “still in the process of being implemented,” the report states. “Important measures have been taken to enhance the protection of Americans’ privacy and civil liberties and to strengthen the transparency of the government’s surveillance efforts, without jeopardizing our counterterrorism efforts,” the board said. Read More

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Brennen Center issues police body camera study

(Feb 8, 2016) The Brennen Center has issued a new report on the state of police body cameras, and, The Washington Post reports, there has been some inattention to privacy. The report focused on the 24 police departments that are currently using body cameras. One of the report’s authors, Rachel Levinson-Waldman, said she was surprised by the lack of attention to privacy. “Several cities have policies prohibiting things like recording in locker rooms, bathrooms or doctor’s offices — places where there’s c... Read More

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Momentum for encryption bill wanes

(Feb 8, 2016) The Hill reports that Congress is unlikely to pass legislation that would regulate communication encryption in the near term. The ranking members of the House Intelligence Committee, Chairman Devin Nunes, R-Calif., and Rep. Adam Schiff, D-Calif., each have said they have not made any decisions on a potential bill. Nunes said, “It’s going to be an ongoing issue,” but added, “We’re looking at the bills.” Schiff said, “I don’t think we’re any closer to a consensus on that than we were, I think, six months ago … Or, if there is a consensus, it is that a legislative solution, I think, is very unlikely.” Josh Withrow, who serves as the legislative affairs manager at FreedomWorks, said, “I think this is starting to look like more of a slow-burning, let’s learn the facts and proceed with caution sort of issue.” Read More

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Proposed alcohol and drug law revisions aim to protect patient privacy

(Feb 8, 2016) The U.S. Department of Health and Human Services proposed updates to the Confidentiality of Alcohol and Drug Abuse Patient Records laws that would allow patients to participate in new data sharing systems without compromising their privacy, the agency announced in a statement. “This proposal will help patients with substance use disorders fully participate and benefit from a health care delivery system that’s better, smarter and healthier, while protecting their privacy,” said Secretary Sylvia M. Burwell. The revisions are open to public comment until April 11. Read More

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Simitian champions privacy protections in Santa Clara

(Feb 8, 2016) County board supervisor Joe Simitian’s Santa Clara office is considered to be the epicenter of a regulation storm that privacy advocates call “one of the broadest anti-surveillance measures being considered anywhere in the U.S.,” the Guardian reports. While this particular fight is new, the push for privacy on Simitian’s part is not. “But he said that someone has to remain on guard,” the report states. “If the electorate waits to care about privacy only after it’s gone, it’s probably too late, he said.” The changing surveillance landscape “is not something that happens overnight,” Simitian said. “This is a steady drip of the erosion of the right to privacy.” Read More

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