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Category Archives for "Legislation"

California Attorney General Issues Second Round of Modifications to CCPA Regulations

On March 11, 2020, California Attorney General Xavier Becerra announced a second round of modifications to the draft regulations his office is preparing for the California Consumer Privacy Act (the “Draft CCPA Regulations”).

These modifications update the initial draft regulations published on October 11, 2019 as well as the first set of modified draft regulations published on February 10, 2020 (as we previously covered here and here). The second set of modifications contain a small number of impactful changes.

Source: Second Modified CCPA Draft Regulations Released

Lawmakers seek solutions to major platforms’ market dominance

At a U.S. Senate Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights hearing Tuesday, lawmakers sought insights from witnesses on how to address major tech platforms’ dominance in the marketplace, specifically focusing on the practice of “self-preferencing” behaviors.

Senators heard from industry, academics and advocates on what they believe should be done to police the practice, in which tech giants — Google and Amazon were primarily used as the examples — favor their own products in marketing to consumers, to the detriment of smaller enterprises competing on their platforms.

While antitrust and competition may seem like somewhat irrelevant topics to privacy professionals, there’s an increasing sense both in the EU and the U.S. that antitrust law could and should play a role in tackling monopolies. The idea is that the companies that own the most consumer data own the market dominance.

Full article: Lawmakers seek solutions to major platforms’ market dominance

Illinois legislators want to protect smart devices users’ privacy

The Protecting Household Privacy Act would require makers of smart devices to tell customers how their information is shared.

The Senate measure would also require law enforcement to get a court order to access someone’s household data. Police would have to destroy any data within 30 days, unless, for example, there is “reasonable suspicion that the information contains evidence of criminal activity,” according to the measure.

Source: Smart devices: Illinois legislators want to protect customers’ privacy – Chicago Sun-Times

EU Presidency releases revised draft ePrivacy Regulation

The Presidency of the Council of the European Union released revised text of the proposed ePrivacy Regulation (Regulation concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications and Repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications)).

Draft ePrivacy Regulation introduces further clarifications in Recital 12 with regard to machine-to-machine and Internet of Things services. It also  modifies Articles 6 to 8.

Read the Draft ePrivacy Regulation.

 

Amended Washington Privacy Act Passes House

The Washington House of Representatives passed an amended version of the WPA containing a private right of action.

Among other changes, the House WPA contains a private right of action that would allow state residents to sue data controllers for technical violations of the bill’s provisions. The House WPA now moves back to the Senate for further consideration. Lawmakers have until Thursday, March 12, to resolve the differences between the House and Senate WPA versions.

Source: Washington Privacy Act Update: Amended Bill Passes House | Byte Back

The Belgian DPA Publishes Recommendation on Direct Marketing

The Belgian Data Protection Authority (DPA) published Recommendation  providing Guidance on direct marketing.

The Recommendation provides a methodology on how to comply with the General Data Protection Regulation (GDPR) when conducting direct marketing. The Recommendation applies to all kinds of promotions, including sales and advertising, and is not limited to promotions of a commercial nature.

Source: The Belgian Data Protection Authority Publishes Recommendation Concerning Data Processing for Direct Marketing Purposes

Congress postponed a vote to extend Patriot Act surveillance programs

Congress has postponed a planned vote to reauthorize controversial surveillance programs.

The House Judiciary Committee intended to renew parts of the Foreign Intelligence Surveillance Act (FISA) before they expire on March 15th. But the committee canceled a vote after learning that Rep. Zoe Lofgren (D-CA) would offer new amendments that would hurt the bill’s chances in a House-wide vote.

Source: Congress postponed a vote to extend Patriot Act surveillance programs – The Verge

Washington Senate passes bill to regulate governments’ use of facial-recognition technology

Washington state senators Wednesday approved a bill that would begin regulating the use of facial-recognition programs by local and state governments. The bill now goes to the House for consideration.

Under the bill the surveillance would be allowed in support of law enforcement with a search warrant or an agency director’s determination under some conditions, such as an emergency that involves risk of death.

Source: Washington Senate passes bill to regulate governments’ use of facial-recognition technology | The Seattle Times

Australia’s Home Affairs pushes back against encryption law proposals

Both Labor and Australia’s Independent National Security Legislation Monitor have proposed judicial approvals before cops and spooks can access encrypted communications, but the Department of Home Affairs isn’t keen.

The Department of Home Affairs has rejected criticisms of Australia’s controversial encryption laws, including the often-cited need for external judicial oversight and the impact of the laws on the tech industry.

Source: Home Affairs pushes back against encryption law proposals | ZDNet

Congress eyes killing controversial surveillance program

Momentum is growing in Congress to reject the Trump administration’s request to reauthorize a controversial surveillance program.

Lawmakers have until March 15 to reauthorize expiring provisions under the USA Freedom Act, including a controversial phone records program known as Section 215.

Meanwhile, House Democrats on the Intelligence and Judiciary committees unveiled legislation this week that would repeal the NSA’s authority to run the program. That bill is scheduled to get a vote in the Judiciary Committee on Wednesday.

Source: Congress eyes killing controversial surveillance program | TheHill

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