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Category Archives for "Legislation"

Data protection scofflaws failed to pay £2m or 68% of fines from UK watchdog

Scofflaws have failed to pay nearly £2m in fines handed out by the UK Information Commissioner’s Office over the past 18 months, according to new research.

Between January 2019 and August 2020, the ICO issued a total of £3.2m in monetary penalty notices but just £1.03m has been paid, according to research from SMS API biz The SMS Works.

When measured as a percentage of the fine amount, nuisance-call operators were the least likely to have paid their fines, with The SMS Works finding that just 13 per cent of penalties handed to such firms had been paid.

Source: Data protection scofflaws failed to pay £2m in fines from UK watchdog – and 68% of penalties are still outstanding • The Register

New privacy rights considered by Australian Attorney General in wide-ranging review

The Attorney General has published the terms of reference for a review of Australia’s Privacy Act, following concerns raised by the Australian Competition and Consumer Commission’s (ACCC) Digital Platforms Inquiry last year.

Australian citizens would be able to take legal action directly against organisations breaching privacy laws, under a potential change being looked at as part of a long-awaited review of privacy legislation.

Source: New privacy rights considered by Australian Attorney General in wide-ranging review

EU parliament backs tighter rules on behavioural ads

The EU parliament has backed a call for tighter regulations on behavioral ads (aka microtargeting) in favor of less intrusive, contextual forms of advertising — urging Commission lawmakers to also assess further regulatory options, including looking at a phase-out leading to a full ban.

MEPs also want Internet users to be able to opt out of algorithmic content curation altogether. The legislative initiative, introduced by the Legal Affairs committee, sets the parliament on a collision course with the business model of tech giants Facebook and Google.

Source: EU parliament backs tighter rules on behavioural ads | TechCrunch

French Supervisory Authority Releases Strict Guidance on the Use of Facial Recognition Technology at Airports

On October 9, 2020, the French Supervisory Authority (CNIL) issued guidance on the use of facial recognition technology for identity checks at airports.

The CNIL indicates that it has issued this guidance in response to a request from several operators and service providers of airports in France who are planning to deploy this technology on an experimental basis. In this blog post, we summarize the main principles that the CNIL says airports should observe when deploying biometric technology.

Source: French Supervisory Authority Releases Strict Guidance on the Use of Facial Recognition Technology at Airports | Inside Privacy

China unveils first law on personal data protection

As home to the world’s most online users, China on Tuesday unveiled its highly anticipated draft law on personal data protection, a significant step to address the long-held problems of leaks and hacks.

The draft was submitted for first review at the ongoing session of the top legislature meeting on Tuesday. It clarifies the definition of sensitive private data, including race, ethnicity, religion, biometric data, medical and financial data, and personal trajectory.

It states that those who violate the law could face a fine of up to 50 million yuan ($7.4 million) or 5 percent of its past year’s turnover, which observers said will strike a heavy blow to organizations, enterprises and individuals who have constantly disturbed people’s lives by illegally collecting, using and trading personal information for profit.

Source: China unveils first law on personal data protection – Global Times

FTC Issues New Guidance on Artificial Intelligence Technology 

In the latest piece to come out of the FTC’s new focus on emerging technologies, the FTC Bureau of Consumer Protection issued new guidance on the use of artificial intelligence (AI) and algorithms.

The guidance follows up on a 2018 hearing where the FTC explored AI, algorithms, and predicative analysis. As the FTC recognizes, these technologies already pervade the modern economy. They influence consumer decision making – from what video to watch next, to what ad to click on, or what product to purchase.

Source: A New Frontier or Back to Basics? FTC Issues New Guidance on Artificial Intelligence Technology | Minding Your Business

Africa to harmonise laws for data protection

Nigeria and other African nations have developed a framework that would harmonise laws on data protection and digital economy across the continent.

Framework is currently being tested in five countries. Under framework, if someone is transferring data to any African country that has met with the Malabo Convention for Cyber Security and Data Protection, it means the person is sure of a national law that recognises the principles in Convention 108+.

Source: Africa to harmonise laws for data protection, digital economy | The Guardian Nigeria News – Nigeria and World NewsAppointments — The Guardian Nigeria News – Nigeria and World News

California Attorney General Releases New Proposed Modifications to California Consumer Privacy Act Regulations

The California Attorney General proposed a third set of modifications to the recently enacted California Consumer Privacy Act (CCPA) regulations. Interested parties have until October 28 to file comments in response.

These proposed modifications are the latest effort in an extensive rulemaking process that has lasted more than a year. Most recently, on August 14, the California Office of Administrative Law formally approved the AG’s initial set of CCPA regulations, which went into effect immediately.

Source: California Attorney General Releases New Proposed Modifications to California Consumer Privacy Act Regulations

Turkish data localization rules in effect for social media companies

On Oct. 1, 2020, amendments to the Regulation of Internet Broadcasts and Prevention of Crimes Committed through Such Broadcasts (Law No. 5651), also known as the Social Media Law in Turkey, entered into force.

The amendments define the term “social network provider,” oblige them to appoint a local representative, set out procedures for content removal, request reports every six months, and require user data to be stored within Turkey.

Source: Turkish data localization rules in effect for social media companies

‘US is falling behind and needs a strong privacy law’ says Microsoft

The US has fallen behind the rest of the world on privacy and data protection and urgently needs new laws, Microsoft’s most senior privacy legal expert has warned.

Julie Brill, vice president and deputy general counsel for privacy and regulatory affairs at Microsoft, set out her concerns in a blog this week. Brill cited a new Microsoft-commissioned poll from Yougov showing seven in 10 Americans would like to see privacy regulation addressed by the next administration.

Source: ‘US is falling behind and needs a strong privacy law’ says Microsoft

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