As part of its ongoing Brazil outreach initiative, a delegation of the Centre for Information Policy Leadership at Hunton & Williams (the “Centre”) is in Brasilia and Rio de Janeiro the week of March 23, 2015. The delegation will meet with Brazilian government representatives, organizations and experts to discuss global privacy law and best practice developments and other issues of mutual interest, as well as a joint global privacy dialogue workshop in Brazil planned for later this year.
On March 23, 2015, the Federal Trade Commission announced the formation of the Office of Technology Research and Investigation (“OTRI”), which the FTC describes as “an office designed to expand the FTC’s capacity to protect consumers in an age of rapid technological innovation.”
On March 24, 2015, the CNIL announced the implementation of a new procedure that will simplify the registration formalities for French affiliates of groups that have implemented Binding Corporate Rules (“BCRs”).
On March 13, 2015, the U.S. Department of Commerce Internet Policy Task Force (“IPTF”) issued a request for public comment regarding cybersecurity issues affecting the digital economy. The IPTF’s request invites all stakeholders interested in cybersecurity to “identify substantive cybersecurity issues that affect the digital ecosystem and digital economic growth where broad consensus, coordinated action, and the development of best practices could substantially improve security for organizations and consumers.” For each issue identified, the IPTF’s request for comment asks interested parties to opine on a series of questions, including (1) why the issue is suited to a multistakeholder process and (2) why a multistakeholder process would benefit the digital ecosystem.
On November 16, 2015, the Federal Trade Commission will host a workshop in Washington, D.C., to examine the benefits and privacy risks associated with “cross-device tracking.” The workshop intends to highlight the types of cross-device tracking techniques and how businesses and consumers can benefit from these practices. The workshop also will address related privacy and security risks, and discuss whether self-regulatory programs apply to these practices.
On March 4, 2015, the House of Representatives of Washington passed a bill (HB 1078), which would amend the state’s breach notification law to require notification to the state Attorney General in the event of a breach and impose a 45-day timing requirement for notification provided to affected residents and the state regulator. The bill also mandates content requirements for notices to affected residents, including (1) the name and contact information of the reporting business; (2) a list of the types of personal information subject to the breach; and (3) the toll-free telephone numbers and address of the consumer reporting agencies. In addition, while Washington’s breach notification law currently applies only to “computerized” data, the amended law would cover hard-copy data as well.
On March 4, 2015, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) announced a new multistakeholder process seeking comments on best practices concerning privacy, transparency and accountability issues related to the use of commercial and private unmanned aircraft systems (“UAS”), otherwise known as drones. The NTIA’s request was made in response to a Presidential Memorandum issued by the White House on February 15 which directed NTIA to facilitate discussion between private sector entities to develop standards for commercial UAS use.
On March 3, 2015, the Third Circuit heard oral arguments in FTC v. Wyndham Worldwide Corp. (“Wyndham”) on whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act.
On February 26, 2015, the Department of Education’s Privacy Technical Assistance Center (“PTAC”) issued guidance to assist schools, school districts and vendors with understanding the primary laws regulating student privacy and how compliance with those laws may be affected by Terms of Service (“TOS”) offered by providers of online educational services and mobile applications. The guidance also is intended to aid school districts and schools in implementing separate guidance issued by the PTAC in February 2014. The guidance was accompanied by a short training video directed to teachers, administrators and other relevant staff.