EU-US “Umbrella Agreement” negotiations finalized: data protection in exchange of information between law enforcement authorities

  On September 8, 2015, the EU-US data protection “Umbrella agreement” negotiations were finalized. The “Umbrella Agreement” establishes a comprehensive data protection framework for EU-US law enforcement cooperation. The agreement covers all personal data (for example names, addresses, criminal records) exchanged between the EU and the U.S. for the purpose of prevention, detection, investigation and prosecution […]

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Gov’t could access stored stored emails only with a warrant, a pending Bill provides

On September 16, 2015, the House Judiciary Committee held hearings on a Senate bill that would limit governmental access to stored emails. Bill S.356, Electronic Communications Privacy Act Amendments Act of 2015, amends the Electronic Communications Privacy Act of 1986, which requires email providers to divulge to government entities the contents of communication stored by […]

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FTC has authority to bring unfairness claims even without formally issuing regulations, the Third Circuit found

The US Court of Appeals for the Third District confirmed that the Federal Trade Commission (FTC), does have authority to bring an unfairness claim involving data security breach without formally issuing regulations before bringing such claims. Background. As reported here, after several data breaches the FTC alleged that Wyndham “failed to provide reasonable and appropriate […]

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Ministry of Communications clarifies the scope of the amended Russian Personal Data Localization Law

September 2, 2015   Dear Sirs, We would like to update you on the latest news regarding the Federal Law № 242-FZ introducing amendments to the Federal Law “On personal data” and to the Federal Law “On information, information technologies and protection of information” (hereinafter – “Personal Data Localization Law”) which has come into force from […]

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Tax evaders’ name cannot be published on municipalities’ websites, Italian DPA says

  Italian municipalities cannot publish on their website the names of those who did not pay city taxes. After one municipality announced the intention of publishing the names of those who did not comply with their fiscal duties, the Garante della Privacy (the Italian Data Protection Authority) started an investigation and clarified that the publication […]

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Clapper update: ACLU moved Second Circuit to stop the Gov’t from resuming illegal mass surveillance of phone records

As reported here, on May 7, 2015, the United States Court of Appeals for the Second Circuit found that the controversial surveillance program according to which the NSA collected Americans’ phone records was not authorized under Section 215 of the USA Patriot Act (ACLU v. Clapper, 2015 U.S. App. LEXIS 7531). On June 9 – after […]

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Federal court strikes down NH law that prohibits “ballot selfies”

On August 11, 2015, the New Hampshire District Court declared invalid the New Hampshire law that maked it unlawful for voters to take photos of their completed ballots. Three voters, under investigation because they posted images of their ballots on social media sites, challenged the law on First Amendment grounds. The District Court declared the […]

As part of the “right to be forgotten”, Google must also delist the news about delisting, UK privacy authority says

On August 18, 2015, the UK Information Commissioner Office (“ICO”) issued an enforcement notice against Google because it contravened the first and the third data protection principles by referencing to an article detailing the delisting of a link that followed a “request to be forgotten”. According to the ICO, Google contravened the third data protection […]

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