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Category Archives for "Legislation"

Two Bills Introduced to Restrict Microtargeting of Political Ads

Members of Congress have introduced two bills to restrict the microtargeting of online political advertisements.

The Banning Microtargeted Political Ads Act, sponsored by Rep. Anna Eshoo (CA-18), would prohibit online platforms from targeting ads at users on the basis of their personal data. The Protecting Democracy from Disinformation Act would restrict microtargeting of political ads based on demographic characteristics and personal data collected online.

Source: Two Bills Introduced to Restrict Microtargeting of Political Ads

California Privacy Compliance Obligations May Soon Change Under CPRA Ballot Initiative

The California Privacy Rights Act (CPRA) is progressing through California’s elections process for inclusion on the November 2020 ballot. Businesses may want to begin considering how their data privacy obligations in California may change if voters enact CPRA.

The CPRA is a ballot measure created by Californians for Consumer Privacy. It would significantly amend the CCPA. Substantive provisions of the CPRA would become effective on January 1, 2023.

Source: California Privacy Compliance Obligations May Soon Change Under CPRA Ballot Initiative

Internet giants are fighting to protect your private browsing history

Earlier this month, the Senate passed the USA FREEDOM Reauthorization Act to reinstate the expired powers of the PATRIOT Act. Absent from the new bill is a crucial amendment that would require law enforcement to obtain a warrant before accessing private browsing data recorded by internet service providers. As it stands, the bill grants agencies like the FBI complete access to the internet history of all Americans.

Subsequently, several tech companies including Mozilla, Reddit, Twitter, and Patreon have co-signed a letter asking the House of Representatives to tidy up this mess. The House still needs to pass the bill for it to become law, and they can force the inclusion of the amendment. They vote this week.

Source: Internet giants are fighting to protect your private browsing history – TechSpot

Australia Tightens Privacy Protections on COVID-19 Tracing App

New legislation imposes stronger privacy protections on Australia’s planned contact-tracing app. “The Australian government’s coronavirus tracing app will have stronger privacy protections under legislation which has passed Parliament,” reports The New Daily.

The legislation was passed amid concerns about the government’s reluctance to be honest about the limitations of the app. It will put strict requirements on the collection, use and disclosure of COVIDSafe app data.

Source: Australia Tightens Privacy Protections on COVID-19 Tracing App

Hungarian Government Suspends GDPR Data Subjects Rights

On May 4, 2020, the Hungarian Government issued a Decree that suspends, during the COVID-19 created state of emergency, the one-month deadline that controllers have under the GDPR to reply to data subject rights requests.

According to the Decree, the normal one-month deadline to reply to data subject rights requests will start running once the state of emergency ends, for which there is no fixed date yet.

The Decree also allows public entities to refuse or suspend freedom of information (“FOIA”) requests in certain situations. The Decree has been heavily criticized by civil society groups and prompted the scrutiny by the European Data Protection Board (“EDPB”).

Source: Hungarian Government Suspends GDPR Data Subjects Rights

Senate Votes to Allow FBI to Look at Your Web Browsing History Without a Warrant

The government just got even more power to spy on your internet habits as millions remain quarantined at home.

The US Senate has voted to give law enforcement agencies access to web browsing data without a warrant, dramatically expanding the government’s surveillance powers in the midst of the COVID-19 pandemic.

The power grab was led by Senate majority leader Mitch McConnell as part of a reauthorization of the Patriot Act, which gives federal agencies broad domestic surveillance powers.

Source: Senate Votes to Allow FBI to Look at Your Web Browsing History Without a Warrant – VICE

Democrats introduce bill to protect data collected in coronavirus pandemic

Democratic lawmakers from both chambers yesterday introduced legislation to place limits on how tech companies and public health agencies use smartphones and other digital tools to track the spread of the coronavirus.

The bill would apply to a recent flood of Silicon Valley technologies coming to market amid the pandemic. The bill would require Americans to consent to participate in these efforts, and it would prohibit any data collected to address the health crisis from being used for other purposes such as advertising.

Source: The Technology 202: Democrats introduce bill to protect data collected in coronavirus pandemic – The Washington Post

Questions remain over whether data collected by Covidsafe app could be accessed by US law enforcement

The federal government has reassured the public that Covidsafe data held by Amazon will not be able to be accessed by US law enforcement, but a parliamentary committee is currently investigating separate legislation that would pave the way for US law enforcement to access data held in Australia.

The defence minister, Marise Payne, argued that because the Covidsafe legislation makes “any transfer of data to any country outside Australia … a criminal offence under the provisions of the bill”, US law enforcement would not be able to get the Covidsafe data.

However, the telecommunications legislation amendment (international production orders) bill 2020 would, if passed, make it possible for Australia to facilitate agreements with other nations so that Australian law enforcement agencies could access data held in those countries and vice versa. It has been developed with the US Cloud Act in mind.

Source: Questions remain over whether data collected by Covidsafe app could be accessed by US law enforcement | Law (Australia) | The Guardian

Washington, D.C. Adds Security Requirements in New Data Breach Notification Law

Washington, D.C. amended its data breach notification law (D.C. Act 23-268) on March 26, 2020, expanding the definition of personal information covered by the law and requiring businesses collecting data from D.C. residents to implement “reasonable security safeguards.”

Because D.C. law already provides a private right of action for violations of the data breach law, the updates will enable lawsuits in the event that an entity fails to meet the “reasonable security” standard—though recovery is limited to actual damages.

Source: Washington, D.C. Adds Security Requirements in New Data Breach Notification Law | Privacy & Security Law Blog | Davis Wright Tremaine

No cookie consent walls — and no, scrolling isn’t consent, says EU data protection body

On 4 May, the European Data Protection Board (“EDPB”) adopted an updated version of its guidelines on consent.

EDPB stated that you can’t make access to your website’s content dependent on a visitor agreeing that you can process their data — aka a ‘consent cookie wall’. EDPB also stated that scrolling on a website or digital service can not — in any way — be interpreted as consent.

Source: No cookie consent walls — and no, scrolling isn’t consent, says EU data protection body | TechCrunch

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