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(Aug 31, 2015) While more organizations than ever now have a data breach incident response plan in place, companies should think critically about whether they've accounted for different types of data loss, including both customer information and employee records. After all, an employee data breach carries legal risk similar to the breach of customer data, writes Michael Bruemmer, CIPP/US, in this exclusive for The Privacy Advisor. How would your response change and does your plan need modification? Read More

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Roundup: Brazil, Japan, Malaysia, U.S. and More

(Aug 31, 2015) Concerns voiced during public comments may mean the next draft of Brazil’s data protection framework won’t happen this year; the Japanese House of Councilors enacted into law a bill amendment that would establish a data protection watchdog, among other things, and Malaysia may see all cars outfitted with RFID trackers by 2018. Proskauer has a primer on the Russian data localization law and an overview of the latest amendment to South Korea’s data protection law, plus find out what the new Hong Kong data protection commissioner will make a priority, all in this week’s Privacy Tracker legislative roundup. Also learn about drone laws in U.S. states, an effort to loosen restrictions on sharing mental health data at the federal level and what may be in store for data processors in the EU’s GDPR. (IAPP member login required.) Read More

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Industry Worries About Growing FTC Oversight

(Aug 31, 2015) Last week’s ruling in favor of the Federal Trade Commission (FTC) in its court battle with Wyndham Worldwide—together with several Congressional bills and a White House draft Consumer Privacy Bill of Rights, each of which would expand FTC authority—has industry worried, CMS Passcode reports. U.S. Chamber Litigation Center’s Steven Lehotsky said, “We are concerned that Monday’s decision will exacerbate the unfortunate trend over the last 10 years of ad hoc litigation and overregulatio... Read More

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Ashley Madison Fallout Continues: CEO Resigns

(Aug 31, 2015) “If there’s anything that C-level executives at companies of all kinds can learn from the devastating hacking attack against Ashley Madison … it is this: Hackers can cost you your job,” writes Arik Hesseldahl for re/code. That’s after Ashley Madison parent company Avid Life Media’s CEO stepped down following the hack; as did Target’s CEO and Sony’s chairman after their respective hacks. In a post for Forbes’ tech blog, Lisa Brownlee questions why the Federal Trade Commission has thus far been si... Read More

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Court Rules in Favor of NSA

(Aug 31, 2015) Much to the chagrin of privacy advocates, the U.S. Court of Appeals for the District of Columbia Circuit Court ruled that the National Security Agency’s (NSA) collection of metadata under the USA Freedom Act could continue until the bill’s expiration in November, due to a “lack of sufficient grounds for the preliminary injunction,” Reuters reports. Meanwhile, Wired’s Andy Greenberg argues that suing the NSA is tricky because “someone has to prove that their privacy rights were infringed. And that proof is almost always a secret.” Regardless, plaintiff Larry Klayman plans on taking an appeal to the Supreme Court. "We are confident of prevailing," he said. Read More

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NSF, Intel Partnership Extends $6 Million In Research Grants

(Aug 31, 2015) The National Science Foundation (NSF) and Intel have partnered to offer two new grants totaling $6 million for researchers aiming to find privacy and security solutions in the cyber-physical systems (CPS) underlying the Internet of Things. An NSF press release notes that a “key emphasis of these grants is to refine an understanding of the broader socioeconomic factors that influence CPS security and privacy.” Jim Kurose, who heads up the NSF’s Computer and Information Science and Engineering, sa... Read More

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Sites Have Until September 30 To Meet Google’s User-Consent Requirements

(Aug 31, 2015) Silicon Republic reports that it’s likely EU users have noticed an increase in the number of cookie notices they’re presented with while surfing the web—the result of a change in Google’s user-consent policy. The policy “requires website publishers who use Google cookies to obtain their European site visitors’ consent before dropping and reading cookies,” the report states. The change reflects EU regulators’ increasing focus on U.S. companies that serve EU customers. Sites, including ad publishers using Google services as a platform, have until September 30 to comply. Google has released a website to help guide companies implement changes. Read More

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Op-Ed: Bringing Right to be Forgotten Stateside a Bad Idea

(Aug 31, 2015) Consumer Watchdog’s petition asking the Federal Trade Commission (FTC) to cow Google into bringing the Right to be Forgotten to the U.S. is exceedingly problematic, the Editorial Board of the Washington Post writes in an op-ed. “First, any FTC action likely would run afoul of the First Amendment,” they argue. “But they would become much harder to locate, with the FTC effectively prescribing what speech should be findable and what should not. The government shouldn’t entangle itself,” adding that... Read More

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Op-Ed: Banks Need to Embrace Privacy, Too

(Aug 31, 2015) It is time for financial organizations to take a fresh look at their “ethical responsibilities” to the data it collects, Dr. Michelle Frasher of the University of Illinois argues in an op-ed for American Banker. “The political climate has shifted, and the public expects private corporations to consciously balance national security with individual rights,” she writes. “Moreover, banks' entitled attitude toward client data—and their attempts to monetize it as an asset—are not helping their public image. Firms that respond to this demand and market their commitments to privacy effectively will gain reputational trust and simultaneously lower their risks for data protection violations with Europe.” Read More

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Boyd Sides With Yahoo Over SMS Suit

(Aug 31, 2015) A lawsuit directed at Yahoo for allegedly breaching the Telephone Consumer Protection Act through SMS text message found an ally in social media scholar danah boyd, who argues in a report paid for by Yahoo that the messages in question are "a direct benefit to users," MediaPost reports. The plaintiffs in the pending suit believe a second “Welcome” text they received from Yahoo’s instant message-to-text service was superfluous. Boyd disagrees. “Without the context provided by the Welcome Message, the messages received by the cell phone user by their computer-using friends can be quite cryptic," she says in her report, thereby making it essential to the program and not a privacy issue. Read More

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