The Personal Data Protection Act, 2012 (PDPA), Singapore’s general data protection law, governs the collection, use and disclosure of personal data. The Singapore Personal Data Protection Commission (PDPC), which enforces the PDPA, recently updated the chapter on data anonymization found in its Advisory Guidelines (Guidelines). The Guidelines are not legally binding but provide guidance on how the PDPC will interpret the PDPA. The revisions encourage organizations to incorporate into the process of anonymizing data an inquiry into the risks that the data may be re-identified and any potential negative effect on the individuals involved rather than focusing purely on the various techniques to anonymize the data.
In a ruling on March 31, Enslin v. The Coca-Cola Co. (E.D. Pa. Mar. 31, 2017), Hon. Joseph F. Leeson, Jr., of the United States District Court for the Eastern District of Pennsylvania, dismissed a proposed class action on behalf of 74,000 Coca-Cola employees. The proposed suit was brought by a former Coca-Cola technician who claimed that his identity was stolen after a laptop with his unsecured sensitive employee information fell into the public’s hands. (more…)
On 6th April, 2017, the European Parliament adopted a resolution stating that there are deficiencies in the EU-US data transfer accord Privacy Shield which must be “urgently resolved” in order to give citizens and companies legal certainty. MEPs called on the EU Commission to conduct an assessment and to ensure that the Privacy Shield complies sufficiently with the EU Charter of Fundamental Rights and new EU data protection rules. (more…)
In keeping with Singapore’s recent emphasis on strengthening national cybersecurity protections, on March 9, 2017, the Ministry of Home Affairs (MHA) announced proposed amendments to the existing Computer Misuse and Cybersecurity Act (CMCA). The proposed amendment, Bill No. 15/2017, would broaden the scope of the CMCA by criminalizing certain conduct not covered by the existing law and enhancing penalties in certain situations.
New Mexico has become the 48th state to enact a data breach notification law, which also includes data security requirements. The Data Breach Notification Act, signed by Governor Martinez on April 6, 2017, requires notification within 45 days of discovery of a security breach, or “unauthorized acquisition” of computerized personal information, subject to the needs of law enforcement. A security breach is also limited to unencrypted data or encrypted data when the decryption key is compromised. Personal data protected by the law includes Social Security numbers, driver’s license numbers, government-issued identification numbers, account, credit card or debit card number paired with the security code or other pin, and biometric data.
The U.S. Court of Appeals for the Fourth Circuit has added to the growing circuit split on standing in data breach cases in Beck v. McDonald, No. 15-1395 (Feb. 6, 2017). The circuit split now divides at least six federal courts of appeal regarding what data-breach victims must show to establish an “injury-in-fact” under Article III. The Fourth Circuit held that merely having your personal data stolen — and the alleged corresponding increased risk of future theft—is insufficient to satisfy Article III’s injury-in-fact requirement. (more…)
On April 3, 2017, President Trump signed the bill repealing the Federal Communications Commission’s much-debated broadband privacy rules. The House of Representatives voted 215–205 to disapprove the rules, after a party-line Senate vote of 50–48. The result is that the FCC’s key rules governing internet service providers’ collection and use of consumer data, as well as data security, will not go into effect as scheduled. Moreover, the FCC will be precluded from promulgating any regulation in “substantially the same” form until a future Congress allows such action.