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(Aug 22, 2016) If a tree falls in the woods and there’s no one around to hear it, does it make a sound? According to the Federal Trade Commission, yes it does. In its recent LabMD ruling, the FTC found that the mere fact that sensitive medical records were publicly available, without any evidence that consumers suffered any adverse effects or were even aware of the breach, was enough to support a finding of substantial consumer injury. In so finding, the LabMD decision offers the most detailed portrait yet of ... Read More

Privacy Tracker, Westin Research Center

Global News Roundup— August 15-22, 2016

(Aug 22, 2016) In this week’s Privacy Tracker legislative roundup, read about plans for new privacy and cybercrime laws in Bahrain, and a commitment from Australia’s attorney general that the government will introduce mandatory breach notification laws this year, plus, European Commission says it will introduce its ePrivacy Directive update in September. Ecuador’s president has introduced the Protection of Privacy and Personal Data Bill and a Canadian police lobby group wants a law requiring citizens to hand o... Read More

Privacy Tracker

Global News Roundup— August 8-15, 2016

(Aug 15, 2016) China’s government has released a draft regulation implementing amendments to its Consumer Rights Protection Law; Israeli Prime Minister Benjamin Netanyahu is considering an amendment to current law regulating the recording of conversations; and Thailand’s National Broadcasting and Telecommunications Commission might mandate that tourists carry “location-tracking SIM cards” for their safety. Read about this and more in today’s Privacy Tracker legislative update. LATEST NEWS Canberra is conside... Read More

Privacy Tracker

Global News Roundup— August 1-8, 2016

(Aug 8, 2016) Scotland’s “named person” scheme is getting attention for questions around whether it violates privacy, with the Labour Party calling to limit the plan to children under 16. In Pakistan, the Prevention of Electronic Crimes bill passed the Senate, prompting concerns from a civil society group. The EU-U.S. Privacy Shield is operational; however, Hamburg’s data protection commissioner has indicated he will challenge it in the Court of Justice of the European Union. In the U.S., a new Alabama propos... Read More

Privacy Tracker

Student privacy legislative update—August 2, 2016

(Aug 2, 2016) Since DQC's last update, the election has gone into full-swing with official party nominees in place, state legislative sessions are wrapping up, and DQC introduced its policy recommendations for federal policymakers. Federal update The 2016 Republican platform includes language (below) around student data collection, including social and emotional learning data. The Democratic platform doesn’t address data specifically but does emphasize that students are being over tested. Taken together, ... Read More

Privacy Tracker

Global News Roundup— July 25 - August 1, 2016

(Aug 1, 2016) LATEST NEWS Bermuda’s Senate has passed the Personal Information Freedom Act, however it will likely be two years before it is enacted, reports The Royal Gazette. The U.K. has blocked a Scottish act requiring non-guardian contact to monitor the well-being of all minors in Scotland, reports BBC. Illinois has a new law regulating police use of cell tower simulator for surveillance, reports Evanston Roundtable. ICYMI In this exclusive for The Privacy Advisor, Denis Kelleher writes about the Co... Read More

Privacy Tracker

Oversight and border controls: Strong on Canada-US cooperation, weak on oversight reform

(Jul 28, 2016) A few weeks ago, the government of Canada introduced three bills in Parliament dealing with national security issues. The government is proposing a new National Security and Intelligence Committee for greater oversight of the intelligence community. However, the committee appears to be a paper tiger, stripped of any real authority or independence. In other proposed legislation, the government aims to continue strengthening Canada-U.S. cooperation at the border. Will the new legislation set the s... Read More

Privacy Tracker

Beyond Bathrooms: New Guidance Regarding Transgender Students Addresses FERPA Requirements

(Jul 26, 2016) The U.S. Department of Education and Department of Justice recently weighed in on the obligations of school districts, colleges and universities to provide civil rights protections for transgender students. On May 13, the departments issued a Dear Colleague Letter  that summarizes the responsibilities of school districts, colleges and universities that receive federal financial assistance under the departments’ interpretation of federal law, including Title IX of the Education Amendments of 1972... Read More

Privacy Tracker

Global News Roundup— July 18 - 25, 2016

(Jul 25, 2016) In this week’s Privacy Tracker legislative roundup, read about plans in Singapore to introduce legislation to safeguard sensitive data used by tech companies, as well as new guidance from the Personal Data Protection Commission on disposing of personal data. A Russian MP has proposed delaying the nation’s data retention law until the year 2023. A roundtable conference discussed Pakistan’s cybercrime bill, saying it needs amendments to protect privacy. In Europe, Advocate General Henrik Saugmands... Read More

Privacy Tracker

GDPR conundrums: The data protection officer requirement

(Jul 19, 2016) One for all ... Maybe? The General Data Protection Regulation introduces a general EU-wide obligation to appoint a data protection officer for controllers and processors involved in high-risk processing activities, i.e., where one of a company’s core activities is the large-scale monitoring of individuals or processing of sensitive data. This obligation has been one of the most debated and amended provisions in the legislative process of the GDPR. It was also one of the reasons the German gover... Read More

Privacy Tracker