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Parliament of Australia passes consumer data right bill

The Parliament of Australia passed, on 1 August 2019, the Treasury Laws Amendment (Consumer Data Right) Bill 2019 (‘the Bill’), which amends the Competition and Consumer Act 2010, the Australian Information Commissioner Act 2010, and the Privacy Act 1988 (‘the Privacy Act’), to introduce a data portability right for consumers in the form of a consumer data right (‘CDR’).

In particular, the Bill, which currently applies to the banking sector and will soon apply to the energy and telecommunication sectors, allows individuals and businesses to access specified data related to them and held by businesses, as well as authorises secure access to this data by accredited third parties.

Source: Australia: Parliament passes consumer data right bill

Democratic senator introduces bill limiting use of voter data by political campaigns

Sen. Diane Feinstein (D-Calif.) introduced a bill on Wednesday that would limit the use of voter data by political campaigns.

The legislation is being touted as the first bill “directly responding to Cambridge Analytica,” the 2018 scandal that saw a right-wing political consulting firm use data on millions of American to target pro-Trump messaging at swing voters.

Source: Democratic senator introduces bill limiting use of voter data by political campaigns | TheHill

Changes in ePrivacy Regulation regarding electronic communications and digital marketing

On 26 July 2019, at the level of the Council, the Finnish government has issued a revised (Council) proposal for the e-Privacy Regulation with some amendments concerning electronic communication content, data & metadata, and further processing of metadata. This proposal will be discussed during a next Council meeting on 9 September 2019.

The Proposal has introduced a limited number of amendments. Most notable:

  1. Article 6 is divided into four distinct provisions, in order to clarify their respective scope by scope of data (all data, content, metadata).
  2. Data can only be processed (i) for the duration necessary for the permitted purposes and (ii) if those purposes cannot be fulfilled by processing information that is made anonymous.
  3. Targeted advertising might not constitute direct marketing communications.

Source: EUROPE: e-Privacy Regulation – changes regarding electronic communications and digital marketing

Moran Tees Up Data Privacy Bill As Senate Effort Splinters

A bipartisan pair of senators has drafted a data privacy bill that would give the Federal Trade Commission more enforcement tools, while pre-empting state laws.

Sens. Jerry Moran (R-Kan.) and Richard Blumenthal (D-Conn.) had been working with a group of other Senate Commerce, Science and Transportation Committee members to draft a bill, but that effort stalled in recent months. Moran said he and Blumenthal are now writing their own bill in a bid to see if they can attract the support of other lawmakers, as the August recess looms.

Source: Moran Tees Up Data Privacy Bill As Senate Effort Splinters

Appeal against government mass surveillance loses in High Court

The human rights group Liberty has failed in its legal bid to put an end to the Investigatory Powers Act.

The law permits mass monitoring of connected devices to enable intelligence agencies to extend surveillance and government knowledge. But the legislation, branded the “Snoopers’ Charter” by its detractors has come under heavy criticism.

Source: Appeal against government mass surveillance loses in High Court

New bill could ban facial recognition in public housing

The No Biometric Barriers to Housing Act is expected to be introduced this week. The bill would prohibit the use of facial recognition technology in public housing units that receive funding from the Department of Housing and Urban Development (HUD).

The proposed bills follows after tenants in Brooklyn filed a legal opposition to their landlord’s application to install a facial recognition entry system. The tenants argued that the use of facial recognition technology was an excessive invasion of privacy.

Source: New bill could ban facial recognition in public housing

European Data Protection Board Issues Opinion on U.S. CLOUD Act

On July 10, 2019, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) issued a joint assessment of the impact of the U.S. Clarifying Overseas Use of Data Act (CLOUD Act) on the legal framework for the protection of personal data in the EU.

The institutions note that the extraterritorial effect of the CLOUD Act could result in service providers being “susceptible to facing a conflict of laws between US law and the GDPR and other applicable EU or national law of the Member States.”

Source: European Data Protection Board Issues Opinion on U.S. CLOUD Act

FaceApp Reveals Huge Holes in Today’s Privacy Laws

Cameras are everywhere, and data brokers are vacuuming up information on individuals. But regulations have not kept pace.

Facial recognition is only the tip of the iceberg. License-plate readers, shopping beacons, and a whole suite of mobile trackers follow individuals both online and offline.

Facial recognition is only the tip of the iceberg. License-plate readers, shopping beacons, and a whole suite of mobile trackers follow individuals both online and offline.

Full article: FaceApp Reveals Huge Holes in Today’s Privacy Laws – The Atlantic

ePrivacy Regulation Slowly Moves Forward

Adoption of the ePrivacy Regulation Introduced in 2017, and originally slated to go into effect with the GDPR (on May 25, 2018), it now appears the ePrivacy Regulation will not be implemented before late 2021.

With the Romanian Presidency’s oversight of the Council of the European Union passing to Finland as of July 1, and in view of forthcoming EU parliamentary elections and procedural considerations, it is possible that the adoption of the ePrivacy Regulation may be delayed even further.

Full article: EU Updates: ePrivacy Regulation Inches Forward, EDPB Issues Guidance on Interplay Between GDPR and ePrivacy Directive

House Lawmakers Target Autumn for Data Privacy Bill

As talks on a data privacy bill reportedly lose steam in the Senate, two Democratic House aides familiar with ongoing discussions said the House Energy and Commerce Committee is targeting the end of September or early October to introduce its own version of privacy legislation.

Both aides said discussions have started about what a bill could look like, with plans for the consumer protection subcommittee chaired by Rep. Jan Schakowsky (D-Ill.) to head up the effort. The sources said their offices have yet to see a draft of the bill language.

Full article: House Lawmakers Target September, October for Data Privacy Bill, Aides Say

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