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(May 23, 2016) This week the Privacy Tracker legislative roundup features an in-depth look at Ontario’s new Health Care Privacy Act; special committee recommendations on British Columbia’s Freedom of Information and Protection of Privacy Act; and efforts to pen “practical” regulations for the Personal Information Protection and Electronic Documents Act’s new breach requirements. Philippines President Benigno Aquino has signed a bill creating the Department of Information and Communications Technology. In the E... Read More

Privacy Tracker

British Columbia committee reports on public-sector privacy review

(May 20, 2016) On May 11, the special committee appointed to review the British Columbia Freedom of Information and Protection of Privacy Act tabled its report to the legislature. The committee made 39 recommendations to the legislature as a result of its review of FIPPA. Several of the committee’s recommendations, if accepted, would provide needed updates to improve public sector transparency. Regrettably, however, the committee has recommended that the legislature retain the controversial data sovereignty pr... Read More

Privacy Tracker

Unpacking Spokeo v. Robins

(May 18, 2016) Just as the industrial age generated air and water pollution that could harm people and property, so the Internet age generates data whose misuse may cause harm. And just as Congress passed laws enabling individual citizens to enforce environmental laws on behalf of themselves and others, Congress has also passed laws empowering people to bring lawsuits in federal courts against companies that cause privacy harms. In each case, however, courts must ask themselves if the lawsuit before them invo... Read More

Privacy Tracker

Ontario overhauls health privacy

(May 17, 2016) On May 5, the Ontario legislature voted on and passed Bill 119, the Health Information Protection Act, 2016. HIPA will come into force on a date to be set by the government. As previously reported in Tracker, HIPA makes important amendments to the Ontario Personal Health Information Protection Act, 2004, including strengthening breach reporting provisions and introducing new provisions for electronic health records. In addition, HIPA enacts a new regime for the protection of quality-of-care info... Read More

Privacy Tracker

Global News Roundup—May 9 - 16, 2016

(May 16, 2016) Lawmakers around the U.S. are moving to restrict cellphone surveillance, notably in Vermont where a bill awaiting the governor’s signature would require a warrant to use stingrays and obtain cellphone communications from providers. Also in the U.S., Sen. Ron Wyden, D-Ore., will debut a bill this week that would undo a recent Supreme Court decision allowing judges to issue hacking warrants outside their respective jurisdictions and a FISA Amendments Act provision scheduled to expire next year is getting buzz on Capitol Hill. In Canada, federal Privacy Commissioner Daniel Therrien has called for an overhaul of the Privacy Act. The French government is debating a bill that includes data localization. The U.K. is preparing for the Investigatory Powers Act. Read about all this and more in this week’s Privacy Tracker legislative roundup. Read More

Privacy Tracker

French Senate proposes data localization

(May 12, 2016) The French government over the past few months has debated a draft bill for a “Digital Republic” that would modify a number of existing laws, including the French Data Protection Act. This bill would create a number of new obligations and General Data Protection Regulation-like requirements before the GDPR comes into effect on 25 May 2018. The French National Assembly adopted the bill in its first reading on 26 January and passed it to the Senate, which made a number of amendments on 3 May. Amo... Read More

Privacy Tracker

Workplace monitoring gets easier

(May 11, 2016) Companies that monitor their employees’ emails or Internet activity now have new protections from potential allegations of wiretap violations: Under the Cybersecurity Act of 2015, companies enjoy liability protection for the monitoring of their information systems for “cybersecurity purposes.” (P.L. 114-113) Although intended to specifically cover monitoring of cybersecurity threats, the broad definition of “cybersecurity purposes” within the act provides protections for more general monitoring ... Read More

Privacy Tracker

Global News Roundup—May 2 - 9, 2016

(May 9, 2016) The European Union has made it official; the General Data Protection Regulation, Directive 2016/680 and the Passenger Name Record Directive have been published in the official journal, meaning we have a date for enactment: May 25, 2018. Also in this week’s Privacy Tracker legislative roundup, Ontario’s legislature passed a new health care privacy bill, a bill in Trinidad and Tobago boosting government surveillance is moving forward despite objections, and Australia’s attorney-general is handling requests for exemption from the new data retention requirements. In the U.S., New Jersey has a new law against “upskirting;” Colorado’s student privacy bill and Connecticut’s cellphone privacy bill both await governors’ signatures; and Nebraska and Tennessee have amended breach notification laws going into effect in July. Read More

Privacy Tracker

Standing in privacy lawsuits: Is the tide turning in favor of consumers?

(May 4, 2016) Spokeo: What is at stake? One man vs. the data brokers: This is the tag line that sums up a high-stakes privacy saga five years in the making that has made its way up to the U.S. Supreme Court. Spokeo, Inc. v. Robins involves a contentious dispute over whether or not Robins has the right to sue (i.e. standing to bring a class-action against) Spokeo, an online data broker, for reporting false information about him in violation of the federal Fair Credit Reporting Act. With the Court’s decision p... Read More

Privacy Tracker

Global News Roundup—April 25 - May 2, 2016

(May 2, 2016) In this week’s Privacy Tracker legislative roundup, read about a request from Germany’s commissioners for the federal legislator to offer DPAs an independent right of action against European Commission adequacy decisions. In Brazil, privacy advocates are concerned about a vote on seven cyber crime proposals that is expected this week. The U.S. House unanimously passed the Email Privacy Act, putting pressure on the Senate to address the issue; the Supreme Court ruled that judges can approve warrants for accessing computers outside their jurisdictions; and the House Energy and Commerce Committee passed a bill levying heavy punishments for “swatting.” Plus, Colorado’s student privacy bill has received unanimous support from the state Senate and Louisiana and New Hampshire are moving forward on drone bills. Read More

Privacy Tracker