Posts Under: Privacy

Trade Agreements and Data Protection: Changing GATS Article XIV is Not the Way to Go

In a March 30, 2017 opinion piece, “Don’t trade away data protection,” two leading Members of the European Parliament, Viviane Reding and Jan-Phillip Albrecht, suggest “strengthening data protection safeguards in the General Exception (known as GATS XIV) and E-Commerce chapters, and removing necessity and consistency tests.”  The idea behind the proposal is to make absolutely certain that the General Data Protection Regulation (GDPR) and perhaps other parts of the EU privacy acquis could not be successfully challenged as inconsistent with an affirmative cross-border data flow obligation.  This is a topic SIIA will comment on again in the coming months, likely in a longer form Issue Brief.  This blog discusses the proposal to remove the necessity test.

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Time for Congress to Clarify Rules on Law Enforcement Access to Overseas Data

Technology companies are increasingly challenged by requests by law enforcement to access data stored outside the U.S. This issue came to a head in July 2016, when the Second Circuit Court of Appeals ruled against the U.S. Government in the case Microsoft v. United States, stating that the government cannot compel Microsoft, or other companies, to turn over customer emails stored on servers outside the United States.  The Department of Justice (DOJ) is expected to appeal this decision, and various other cases are making their way through the courts.

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Not All is Lost for Internet Privacy

Last week, President Trump signed a congressional resolution to roll back the Federal Communication Commission’s (FCC) broadband privacy rules adopted in 2016.  The response has been a loud outcry that privacy on the internet is dead.  On the contrary, the vast majority of the internet is still under substantial regulation by the Federal Trade Commission (FTC).

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Europe Does Better on the Right To Be Forgotten

In a significant ruling, earlier this month, the European Court of Justice ruled that an individual’s privacy interest in limiting the disclosure of personal information does not generally override the interest in public disclosure about company officials. The ruling protects the public interest in transparency about governance of public companies; preserves the capacity of stock holders to assess companies accurately and protect their legal rights with respect to them; and reaffirms the legitimacy of data processor access to personal information in public data bases about companies.

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SIIA’s TechChats: Richard Neff |Founder & Partner, Neff Law Firm

SIIA’s TechChats provides a look into some of the most successful executives in our industry. Hear how many of them got to where they are today, what is shaping their businesses and the industry today, and special advice they would give to others trying to grow a successful company.

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SIIA and FPF Respond to Ill-Informed Student Privacy Pledge Reaction

Several years ago, SIIA and the Future of Privacy Forum (FPF) worked together with a number of Ed Tech companies to develop a Student Privacy Pledge, a voluntary effort by the industry to commit to good privacy practices regarding their collection and use student data.  President Obama endorsed the pledge and it has been instrumental in guiding the development of state student privacy legislation toward protecting privacy while fostering the use of student information for fulfilling the educational needs of students.  Recently, we marked the milestone of 300 companies signing on to the pledge.  This week, however, the Electronic Frontier Foundation (EFF) issued an attack on the pledge as containing loopholes in its fine print. Specifically, EFF takes issue with the definition of “student personal information” in the Pledge and the fact that the pledge only covers “school service providers.” These concerns are largely unfounded and ill-informed ...

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Myths in Student Privacy and Advertising

The National Education Policy Center (NEPC) recently released a report entitled Learning to Be Watched: Surveillance Culture at School. In making claims about how student data is being protected, the report conflates the issues of student data privacy and advertising. The truth is that strong, multi-layered protections now exist to protect student information and ensure it is used only for educational purposes. In addition, current law and subsequent regulation forbids the use of student information for targeted advertising.

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