While the General Data Protection Regulation may not prohibit California from applying for adequacy, the state faces a more significant issue at home: the U.S. Constitution.
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The Cloud Act provides that U.S. prosecutors can gain access to evidence under the possession, custody or control of a company in the U.S., regardless of where the data are stored. But European fears of economic espionage are mistaken.
The California Consumer Privacy Act sparked speculation about whether California could apply for adequacy under the General Data Protection Regulation.
A standard on collection should be rooted in recognized principles on collection of personal information and add some general guideposts to inform the application of the principles in the infinitely varying contexts of today’s data-driven world.
As legislators seek opportunities for bipartisan agreement, one area where this may happen is federal legislation to protect personal information privacy.
The good-faith exception has washed out cases involving pre-Carpenter searches, but a few courts have extended the ruling’s logic to new types of data.
There is value in putting down a marker that using the technology this way is not acceptable.
Join Bobby Chesney and Danielle Citron on Thursday, July 18 at the Heritage Foundation for a discussion on the looming challenges “deep fakes” pose for national security and privacy.
The Electronic Frontier Foundation has filed a lawsuit challenging the constitutionality of the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (FOSTA), on behalf of two human rights organizations, the Internet Archive, and two individual plaintiffs.
GDPR derogations will be applied throughout the EU. A few potential state-to-state variations will have implications for privacy and security.