Surveillance

News & Analysis as of

Privacy & Cybersecurity Update - June 2015

In This Issue: - USA Freedom Act Brings Changes to Surveillance Program - Connecticut Enacts Bill Imposing Tighter Data Security Obligations - Pennsylvania Court Dismisses Data Breach Negligence...more

Employee Surveillance and Monitoring

To state the obvious (and this shows my age), we are way past George Orwell’s 1984. Yes, I know 30 years past it. But we are way past the privacy concerns expressed in Orwell’s book; we are in a new era where technology and...more

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

US Department of Commerce proposes licensing requirements for export and transfer of cybersecurity items

In December 2013, the Wassenaar Arrangement - a group of 41 countries including the United States - agreed to add so-called cybersecurity items to its list of controlled dual-use items. On May 20, 2015, the Department of...more

House Passes Cyber Sharing Bills and Congress is Focusing on Data Protection

On Wednesday, April 22, 2015, the U.S. House of Representatives passed the Protecting Cyber Networks Act ("PCNA"), which would give companies certain liability protection against potential lawsuits when sharing cyber threat...more

U.S.A. Freedom Act passed into law

On June 4, 2015, President Obama and his administration signed into law the U.S.A. Freedom Act, which “reform[s] the authorities of the Federal Government to require the production of certain business records, conduct...more

Drone on Drones: Justice Department Drone Policy Emphasizes Privacy and Transparency

Federal agencies deploying surveillance drones in domestic airspace will be required to conduct annual privacy reviews, the Department of Justice announced last week. The new policy aims to require DOJ employees to assess the...more

Law à la Mode - Edition 16 - May 2015 (Global)

In This Issues: - Key Considerations: For Negotiating Electronic Point Of Sale Solution Agreements - Fashion Forward And Tech Savvy: The Co-Branding Of Wearable Technologies - The Internet Of Things: The...more

OPC’s New Priorities – Commissioner Therrien Provides an Overview

On May 28, 2015 Daniel Therrien, Canada’s Federal Privacy Commissioner, previewed the OPC’s priorities for attendees of the International Association of Privacy Professionals (IAPP) Canada Privacy Symposium. These...more

Florida drone bill passed into law, more concerns raised about its restrictions

At the end of April, we posted on the passing of S.B. 766 through the Florida State legislature, and now on May 14, 2015, Governor Rick Scott signed into law the Freedom from Unwarranted Surveillance Act, in the State of...more

North Carolina General Assembly Week in Review

The state House passed their two-year, $22.1 billion spending proposal early this morning on a vote of 93-23 after a long week of debate that saw delays because of the sheer number of amendments to the bill. House Bill 97,...more

Wake-Up Call: Second Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal; Defers Injunction While Congress Ponders...

Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material continue to roil all three branches of the federal government. The latest wave broke last week when the United States Court of...more

French National Assembly Adopting Surveillance Legislation

On 5 May 2015, the French National Assembly adopted a Bill aiming at reinforcing state surveillance. Several internet players as well as politicians have already raised serious concerns regarding the adoption of this Bill....more

France: Lower House of Parliament Adopts Controversial Draft Law on Surveillance

The mood is shifting in the debate between privacy and security as France prepares to enact a controversial terrorism surveillance law critics have nicknamed the “French Patriot Act.” In the wake of the revelations...more

Snowden Strikes Back: Mass Collection of Telephony Metadata Struck Down By the Second Circuit

As post-Snowden America well knows, for some years now the National Security Agency (NSA) has been collecting bulk telephone metadata under the authority of Section 215 of the PATRIOT Act and aggregating it into data banks...more

Facebook Class Action Lawsuit in Austria

A class action against Facebook has been filed in Vienna by privacy campaigner and Austrian law graduate Max Schrems, along with 25,000 other users of the social network site. The lawsuit alleges breaches of EU privacy law...more

Send in the Drones: Transforming the Workplace through the Use of Drone Surveillance

Every day new stories about the uses (and misuses) of drones surface in the media. They have been used to: photograph the 2015 Winter X Games, assist in firefighting operations, monitor agricultural drought, monitor...more

Argentina Adopts New Data Protection Regulations for the Use of Do Not Call Registry and CCTV

The Argentinian Data Protection Authority (DPA) beefs up penalties to fight robocalls and unconsented-to video surveillance by enacting Do Not Call and CCTV regulations....more

Whistleblower's Legacy: President Reforms Key Surveillance Law; Europe Questions Safe Harbor Regime

Nearly two years ago, Edward Snowden, a contractor working with the U.S. National Security Agency (“NSA”), revealed startling details of widespread surveillance practices by the U.S. government into telephone and Internet...more

LYNX Surveillance Footage Exempt from Public Inspection

In a surprising opinion issued on January 30, 2015, which promises to have a wide-reaching effect, the Fifth District Court of Appeal overturned a declaratory judgment entered in favor of WKMG-TV Local 6, and determined that...more

Who’s Winning in the Battle Between Privacy and Security? The State of Surveillance Law in Europe

In recent years, there has been an ongoing struggle between privacy and security, with many governments looking to increase their surveillance powers in the name of fighting terrorism and protecting the population. Following...more

Workplace Privacy: What Every CCO Needs to Consider

Most of us go through our daily lives unthinkingly assuming that our actions, movements and conversations are private. However, in today’s high tech and connected world, that is no longer the case. If you drive a car, carry a...more

“Videoday” beim 8. Senat des BAG

Die Entscheidungen des 8. Senats des BAG zur heimlichen Videoüberwachung einer (vermeintlich) krankfeiernden Arbeitnehmerin (BAG v. 19.02.2015 – 8 AZR 1007/13) und zur Nutzung eines Imagefilms, in dem ein Ex-Arbeitnehmer als...more

Significant changes to the EU regime governing the export of dual use goods from the UK and other EU member states

The EU Dual Use Regulation (Regulation (EC) 428/2009) (the "Dual Use Regulation") governs the export of a range of 'dual use' goods and associated technology from the UK and other EU Member States. Dual use goods are those...more

Florida drone bill a reminder to UAS operators: Know all the rules before you fly

A bill recently introduced in the Florida House of Representatives would enhance privacy-related restrictions on the operation of unmanned aircraft systems (“UAS,” otherwise known as “drones”) in the state. The Freedom from...more

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