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(Mar 22, 2017) Culminating more than six years of back and forth negotiations, the Israeli Parliament approved extensive, far-reaching data security regulations March 21, setting forth detailed requirements for a broad swath of data controllers and processors in Israel’s public and private sectors. Israel Minister of Justice Ayelet Shaked succeeded in advancing the Privacy Protection Regulations (Data Security), 5777-2017, in the face of intense lobbying by regulators, government agencies and businesses, some ... Read More

Privacy Bar Section, Privacy Tracker

Argentina’s Data Sovereignty Bill

(Mar 21, 2017) On March 9, a draft bill that would regulate data sovereignty in Argentina reached the House of Representatives. The bill emphasizes the need for new regulation in response to the growing amount of data generated by the national public sector, and its increasing importance. It further refers to the growing number of data centers located outside of Argentina’s jurisdiction. In this context, the bill stresses the need for certain data to be stored exclusively within the Argentine territory, in o... Read More

Privacy Bar Section, Privacy Tracker

Global News Roundup — March 13 - 20, 2017

(Mar 20, 2017) The Cayman Islands are once again considering a data protection bill — an effort that has failed twice before. Japan’s Supreme Court ruled that police use of GPS devices without a warrant is illegal. New Zealand’s customs head may get new powers to share citizen data with amendments to a customs law, and Privacy Commissioner John Edwards has proposed amendments to the country’s Privacy Act 1993. Germany’s Parliament has approved amendments to the Federal Data Protection Act. And in the U.S., the... Read More

Privacy Bar Section, Privacy Tracker

Employee wellness bill would circumvent genetic privacy protections

(Mar 16, 2017) On March 2, U.S. Rep. Virginia Foxx, R-N.C., introduced bill HR 1313 to the U.S. House (cosponsored by Rep. Tim Walberg, R-Mich., Rep. Elise Stefanik, R-N.Y., and Rep. Paul Mitchell, R-Mich.). This bill has a significant impact on employee privacy, specifically genetic privacy. The expressed purpose of HR 1313 The bill is named the “Preserving Employee Wellness Programs Act,” and it includes findings that Congress seeks to protect and preserve employee workplace wellness programs; considers su... Read More

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Tele2 NL: A straightforward CJEU judgment with potentially interesting implications

(Mar 16, 2017) In Tele2 NL, the Court of Justice of the European Union held that telecommunications companies could be required by law to provide their subscriber data to companies that wished to provide directory enquiry services. On the face of it, the Court’s judgement in Tele2 NL was a straightforward extension of the CJEU’s 2011 judgment in Deutsche Telekom. In that case, the CJEU held that the German telecommunications law could require that the transfer of the personal data of subscribers to directory e... Read More

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Mexico's new public-sector data protection law

(Mar 14, 2017) After several years and an essential constitutional reform, finally Mexico has a new Federal Law on Data Protection for the Public Sector. On Jan. 26, the General Law on Data Protection Held by Obligated Parties (in Spanish, Ley General de Protección de Datos Personales en Posesión de Sujetos Obligados) was published in the Official Federal Gazette. The law entered into force the following day and requires that the Federal Law on Transparency and Access to Public Information as well as other fe... Read More

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Global News Roundup — March 6 - 13, 2017

(Mar 13, 2017) In this week’s Privacy Tracker legislative roundup, read about Canada’s Genetic Non-Discrimination Act; Privacy Commissioner Daniel Therrien’s letter to federal ministers attempting to get more privacy protection; and some insight on the Globe24 ruling. In the EU, European Data Protection Supervisor Giovanni Buttarelli has released his opinion on the European Travel Information and Authorisation System, and the U.K. Information Commissioner’s Office issued one of its largest fines for nuisance c... Read More

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Manni: Does the right to be forgotten apply to company registers?

(Mar 9, 2017) Thursday, the Court of Justice of the European Union considered whether the right to be forgotten should be applied to a register of companies. The CJEU had previously held the RTBF might apply to the processing of personal data by search engines in Google Spain. In the Manni judgement, the CJEU held that the RTBF could not be generally applied to a company register, though it did suggest that there may be some very limited circumstances where limitations might be imposed on access to personal d... Read More

Privacy Tracker

Globe24h PIPEDA ruling should be no surprise

(Mar 9, 2017) Privacy law in Canada moves slowly. Even though there has been a sharp increase in class actions over the past few years, these cases tend to settle, resulting in little case law. A.T. v. Globe24h.com, published by the Federal Court just over a month ago, arguably moves the needle a little bit by becoming the first decision resulting in an order under the Personal Information Protection and Electronic Documents Act against a business with no physical presence in Canada. However, there is nothing... Read More

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Global News Roundup — February 27 - March 6, 2017

(Mar 6, 2017) In this week’s Privacy Tracker legislative roundup, read about an increase in the scope of Israel’s anti-spam law; a delay in the implementation of the U.K. Investigatory Powers Act; an update on Schrems’ case against standard contractual clauses; and China’s draft Network Products and Services Security Review Measures. In the U.S., learn about the Federal Communications Commission’s continued effort to stall broadband privacy rules; the trend to increase the scope of personal information in sta... Read More

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