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Category Archives for "Legislation"

German Supervisory Authorities Propose Changes to the GDPR

On December 2, 2019, the German Supervisory Authorities issued a report evaluating the implementation of the EU General Data Protection Regulation (“GDPR”) in Germany.

The report describes the Supervisory Authorities’ experience thus far in applying the GDPR and lists the provisions of the GDPR they see as problematic in practice.  For each of these provisions, the report discusses the perceived problem and proposes a solution.

Source: German Supervisory Authorities Propose Changes to the GDPR | Inside Privacy

On Data Privacy, India Charts Its Own Path

A new law would give the country’s 1.3 billion people more power over data collected by companies but allow the government to exempt itself from the rules.

The legislation, which is set to be introduced in Parliament this week after more than a year of discussion, builds on Europe’s recently enacted privacy protections that gave residents there the ability to request and better control their online data. But lawyers said the bill would also move India closer to China, where the internet is tightly overseen by the government.

Source: On Data Privacy, India Charts Its Own Path – The New York Times

At Senate, consensus on federal law until you get to ‘private right of action’

There has been no shortage of hearings on privacy this year as U.S. Congress tries to figure out its approach to protecting consumers in the digital age.

But with recent bills released by both Sens. Maria Cantwell, D-Wash., and Roger Wicker, R-Miss., bills that seemingly have more in common than not, there’s a sense within Senate hallways that perhaps congressional consensus on what federal legislation might contain — and what it won’t — is closer than some predicted.

Full article: At Senate, consensus on federal law until you get to ‘private right of action’

Commission to present revamped ePrivacy proposal

The European Commission will present a revised ePrivacy proposal as part of the forthcoming Croatian Presidency of the EU, Internal Market Commissioner Thierry Breton announced on 3 December, after previous talks failed to produce an agreement among member states.

The revamped measures will be made in a bid to find consensus between EU countries on the ePrivacy regulation which would see tech companies offering messaging and email services subjected to the same privacy rules as telecommunications providers.

Source: Commission to present revamped ePrivacy proposal – EURACTIV.com

FISA reauthorization: What will Europe think?

US Congress is considering permanently reauthorizing four provisions, two of which are unused, of the Foreign Intelligence Surveillance Act that are set to expire Dec. 15.

Considering the ongoing scrutiny of U.S. government surveillance practices, lawmakers should carefully consider the permanent reauthorization of the unused provisions.

Full article: FISA reauthorization: What will Europe think?

UK ICO publishes new guidance on special category data

On November 14, 2019, the UK Information Commissioner’s Office (ICO) published detailed guidance on the processing of special category data.

The guidance sets out

  • what are the special categories of data,
  • the rules that apply to the processing of special category data under the General Data Protection Regulation (GDPR) and UK Data Protection Act 2018 (DPA);
  • the conditions for processing special category data; and
  • additional guidance on the substantial public interest condition, including what is an “appropriate policy document”.

Source: UK ICO publishes new guidance on special category data

EU releases progress report on draft ePrivacy Regulation

The Committee of the Permanent Representatives of the Governments of the Member States to the European Union (Coreper) on November 27, 2019, released its progress report on the draft ePrivacy Regulation.

The report outlines the main elements discussed in the Working Party’s meetings on Telecommunications and Information Society (‘WP TELE’) during the second half of 2019, such as

  • the protection of terminal equipment information, with specific reference to the issue of conditional access to websites’ content,
  • the processing activities that is necessary to provide the electronic communications service,
  • data retention issues,
  • the way the Draft ePrivacy Regulation would interact with new technologies, such as machine-to-machine and Internet of Things services. 

The report also highlights that the Coreper did not support the last draft ePrivacy Regulation, as presented by the Presidency of the Council of the European Union.

Top Senate Democrats unveil new online privacy bill, promising tough penalties for data abuse

Senate Democrats on Tuesday proposed tough, new punishments for Facebook, Google and other Silicon Valley tech giants that mishandle their users’ personal data, unveiling a sweeping new online privacy bill that aims to provide people their “Miranda rights” for the digital age.

To enforce the rules, Senate Democrats have proposed granting new powers to the FTC to police against a wide array of practices that could cause consumers harm.

The proposal would open the door for state attorneys general to bring cases under federal law as well, and would permit people to sue tech companies if their privacy has been violated.

Source: Top Senate Democrats unveil new online privacy bill, promising tough penalties for data abuse – The Washington Post

Lawmakers introduce bill to help police access digital evidence during investigations 

Rep. Val Demings (D-Fla.) on Friday introduced bipartisan legislation to help police officers learn how to access digital evidence, including data and online messages, during investigations.

The Technology in Criminal Justice Act would create a new office at the Department of Justice to educate state and local law enforcement agencies about how to sift through digital evidence — on phones and computers — in a way that does not flout the law. The legislation would also create a federal center to serve as a central clearinghouse providing training, tech expertise and legal assistance on gathering digital evidence.

Source: Lawmakers introduce bill to help police access digital evidence during investigations | TheHill

EU Member States reject ePrivacy Regulation’s draft

On 22 November 2019, the Permanent Representatives Committee of the Council of the European Union (COREPER) has rejected the Council’s position on a draft ePrivacy Regulation.

Now it is up to the Commission to either withdraw the entire proposal, or to the Council to prepare a new text that can get enough support to allow moving forward with the proposal.

Source: ePrivacy: EU Member States push crucial reform on privacy norms close to a dead end

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