Statement by EU Commissioner Věra Jourová on the finalisation of the EU-US negotiations on the data protection "Umbrella Agreement"
European Commission Press Release, Tuesday, September 08, 2015
"I am very pleased that today we have finalised negotiations with the US on high data protection standards for transatlantic law enforcement cooperation. Robust cooperation between the EU and the US to fight crime and terrorism is crucial to keep Europeans safe. But all exchanges of personal data, such as criminal records, names or addresses, need to be governed by strong data protection rules. This is what the Umbrella Agreement will ensure.
Anupam Chander, Davis Vanguard, Sunday, September 06, 2015
I will focus my contribution on what we in California can do at home. The California legislature is currently considering a bill called the “California’s Electronic Communications Privacy Act (CalECPA).” In the words of the Electronic Frontier Foundation, CalECPA would require state law enforcement “to get a warrant before they can access electronic information about who we are, where we go, who we know, and what we do.” The California bill would apply only to California state officials. Thus, even if CalECPA passes, we will still need reform at the national level. Some will worry that a warrant requirement will stop police from accessing a cellphone or an email in an emergency. But the bill provides exceptions for emergencies, allowing police to access information without a warrant if they believe that “an emergency involving danger of death or serious physical injury to any person requires access.” Others will argue that we should trust the police to gather whatever information they need from whatever source they want.
By Daniel Solove, LinkedIn, Wednesday, September 02, 2015
For so many healthcare providers, HIPAA is a source of great aggravation. It's difficult. It's boring. It seems to consist of a lot of inconvenient and costly requirements. I believe that these attitudes about HIPAA are due to a failure to educate healthcare professionals about the reasons why HIPAA matters. HIPAA is not about doing all sorts of needless things for their own sake. It is about protecting patients.
Christopher Piehler, THE Journal, Monday, August 31, 2015
The Future of Privacy Forum has released new survey data showing that a large majority of parents are concerned about the level of student data privacy and security in America’s K-12 schools. According to the survey, 87 percent of parents expressed concern that their child’s electronic education records could be hacked or stolen. For this reason, 85% of parents said that their willingness to support the use of student data and technology in education must be coupled with efforts to ensure security. When asked if they are “comfortable with [a] properly protected electronic education record being created for my child,” 71 percent replied that they were. The survey, which was conducted online this spring by Harris Interactive on behalf of the Future of Privacy Forum, included 1,002 parents in the United States with children 17 and under.
Adam Segal, Net Politics, Thursday, August 27, 2015
This is the second part of my Q&A with Microsoft Executive Vice President and General Counsel Brad Smith over the company’s legal battle with the U.S. Department of Justice over e-mails stored in Ireland. The case raises important questions with respect to the privacy of digital communications and the future of cloud computing.
Adam Segal, Net Politics, Wednesday, August 26, 2015
In light of the significance of this case for U.S. consumers and businesses, and the impact that its outcome could have on the privacy of digital communications, Brad Smith, executive vice president and general counsel for Microsoft, took the time to answer some questions regarding the case and what its outcome might mean.
AG Strategy Group
Thursday, August 20, 2015
One of the highest-profile cases related to surveillance practices remains unresolved. The Microsoft search warrant case, which was initiated in late 2013, raises a larger question: can a U.S. law enforcement agency compel a U.S. technology provider to turn over digital information that resides in a location outside the U.S.? Current law, the Freedom Act included, does not directly address the essential issues raised in this case, which are weighty enough to merit the attention of presidential candidates and Congress, as well as the Supreme Court. However, the LEADS Act, if passed, would help to clarify the currently murky landscape, by ensuring that policy keeps pace with technology. While the world continues to become more interconnected, geopolitical borders remain significant. A consistent and transparent rule of law regarding cross-border information-sharing must be our North Star.
Monday, August 17, 2015
The purpose of body-worn cameras is not to fill petabytes and exabytes of disk space in football-field-size data centers. The goal is to improve interactions between the police and the public they serve. To justify its cost, law enforcement agencies must be able to filter through footage quickly and effectively. They need to review it for investigative, training and disciplinary purposes. They need to share it with fellow agencies, prosecutors and defense lawyers. Last but not least, they need to be able to disclose it – at least selectively – to the public and the media. All this will have to happen while guaranteeing chains of custody, ensuring that only authorized users have access, and protecting the privacy of citizens and officers. The fundamental problem that police departments gathering large amounts of video face is that the daily tasks they need to perform with this video are labor-intensive. Searching through thousands of hours of video, transcribing and indexing what is said in them, blurring the faces of citizens or officers to protect their privacy – these tasks are impossible to perform at scale without assistance from powerful automation tools.
Thursday, August 13, 2015
Microsoft is currently suing the federal government over its attempt to use a domestic warrant to force the company to turn over customer emails in a data center in Ireland. This case represents a significant moment for international cooperation and the global rule of law. And if we, as a country, get this wrong, we will fail to balance individual privacy with national security needs.
Julia Fioretti, Reuters, Thursday, August 06, 2015
The European Commission is working with the United States on the final details of a commercial data-sharing deal that was put up for renegotiation following leaks two years ago that exposed U.S. mass surveillance practices, a document seen by Reuters showed. The European Commission, the EU executive, has been negotiating with the United States since January 2014 to reform an existing agreement allowing companies to transfer data easily between the two areas, known as "Safe Harbour".