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Category Archives for "Legislation"

Reflecting on APAC Data Protection and Cyber-security Highlights for 2019 (and what lies ahead!)

2019 saw continued growth and change in data protection and cyber-security across the Asia-Pacific. Following the implementation of the GDPR in May, 2018, many jurisdictions moved to review and strengthen existing data privacy and cyber-security laws.

In addition, 2019 saw regulators publishing findings in respect of some of the largest data incidents of 2018. We have set out below the key highlights of the year and what to look out for in 2020.

Full article: Reflecting on APAC Data Protection and Cyber-security Highlights for 2019 (and what lies ahead!)

EU to police digital assistants

European Union privacy watchdogs are gearing up to police digital assistants after revelations that Amazon.com Inc. workers listened in on people’s conversations with their Alexa digital assistants.

EU regulators are now working on a common approach on how to police the technology. But the move toward common guidelines for digital assistants means companies should avoid fines — for now.

Source: Amazon Alexa Eavesdropping Spurs EU-Wide Privacy Safeguards – Bloomberg

EU court adviser: data privacy laws should apply in national security cases

The European Court of Justice should uphold its 2016 decision that personal data cannot be seized and held indiscriminately by governments even on national security grounds, the court’s advocate general said in an opinion on Wednesday.

Reacting to four cases in France, Belgium and Britain in which governments called for greater powers to override data privacy, the advocate general, Manuel Campos Sánchez-Bordona, argued that EU law applies.

Source: EU court adviser: data privacy laws should apply in national security cases – Reuters

What we’ve learned from California’s Consumer Privacy Act so far

Though CCPA went into force Jan.1, some of the law’s implications are already becoming clear.

First, privacy is not cheap. CCPA delegates rule-making authority (as well as enforcement) to the California Department of Justice.

The second lesson is that privacy laws are prolix. CCPA runs about 10,000 words. That virtually demands that businesses retain dedicated CCPA specialists to advise them — their own readings and the advice of non-specialist lawyers won’t cut it.

Finally, state heterogeneity in privacy law is now inevitable. Some states introduced their own clone-and-revise versions of CCPA in 2019, but none passed. A number of state legislatures will likely restart the CCPA clone-and-revise process in 2020.

Full article: What we’ve learned from California’s Consumer Privacy Act so far | TheHill

Will online privacy make a comeback in 2020?

Last year was a landmark for online privacy in many ways, with something of a consensus emerging that consumers deserve protection from the companies that sell their attention and behavior for profit.

The debate now is largely around how to regulate platforms, not whether it needs to happen. The consensus among key legislators acknowledges that privacy is not just of benefit to individuals but can be likened to public health; a level of protection afforded to each of us helps inoculate democratic societies from manipulation by vested and vicious interests.

Full article: Will online privacy make a comeback in 2020? | TechCrunch

Lawmakers push bipartisan update to children’s online privacy law

House lawmakers are introducing a bipartisan bill Thursday to update a long-standing children’s online privacy law so that parents could force companies to delete personal information collected about their kids.

The changes include allowing parents to delete personal information collected online about their kids. The legislation would also require parental consent before companies can collect personal data like names, addresses and selfies from children under 16 years old.

Source: Reps. Walberg and Rush push bipartisan update to children’s online privacy law – Axios

State Legislatures Are Off to the Privacy Races

New Hampshire legislators introduced new data privacy legislation, New Hampshire House Bill 1680.

The legislation is similar to the California Consumer Privacy Act (which we’ve written extensively about before, including here and here ). It grants consumers access, portability, transparency, non-discrimination, deletion, and opt-out-of-sale rights (or opt-into-sale rights for minor consumers) with respect to their personal information.

New Hampshire’s is the first data privacy bill we have seen this season, but it’s worth noting that Virginia and Illinois have introduced their own bills. Additionally, several states, including Washington and New York, had proposed privacy bills in the 2019 legislative session.

Source: State Legislatures Are Off to the Privacy Races, With New Hampshire in the Lead

EU Parliament debates if California could be considered ‘adequate’

Members of the Parliament’s Committee on Civil Liberties, Justice and Home Affairs discussed in depth the European Commission’s report, issued Oct. 21, with representatives of the European Commission and European Data Protection Board.

Referring to the California Consumer Privacy Act, which took effect Jan. 1, Bruno Gencarelli, the commission’s head of International Data Flows and Protection Unit, said many of those who worked on the EU General Data Protection Regulation and Law Enforcement Directive “would not even have imagined a few years ago that there would be serious discussion in Congress about a federal privacy legislation or that California would have strong privacy rules that have just entered into application.”

Source: EU Parliament debates: Could California be considered ‘adequate’ on its own?

Ten Questions—And Answers—About the California Consumer Privacy Act

You may have heard from a lot of businesses telling you that they’ve updated their privacy policies because of a new law called the California Consumer Privacy Act. But what’s actually changed for you?

EFF has spent the past year defending this law in the California legislature, but we realize that not everyone has been following it as closely as we have.

Read full article: Ten Questions—And Answers—About the California Consumer Privacy Act

ICO launches consultation on draft direct marketing code of practice

The Information Commissioner’s Office (ICO) has launched a public consultation on a draft direct marketing code of practice.

The ICO has previously produced direct marketing guidance and the draft code builds on this, as well as taking into account the input received during the initial call for views. The code takes a practical life-cycle approach to direct marketing.

The code is out for consultation until 4 March 2020 and the final version is expected later this year. You can read the code and take part in the consultation through the ICO website.

Source: ICO launches consultation on draft direct marketing code of practice | ICO

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