Entries tagged with: State Policy

45 result(s) displayed.

Tech Companies Block Washington State Privacy Law

Last minute lobbying by big tech companies blocked passage of the Washington Privacy Act. The state privacy law have given consumers the right to access, correct and delete their personal data held by tech firms. EPIC and a broad coalition...

EPIC, Coalition Recommend Changes to Pending Washington Privacy Law

EPIC along with a coalition of groups proposed changes to the Washington Privacy Act, a bill now pending in the Washington legislature. The Washington Privacy Act would give consumers the right to access, correct and delete personal data held by...

EPIC Advises New York Senate on Privacy Legislation

EPIC has sent a statement to the New York State Senate recommending passage of legislation modeled on Fair Information Practices and creation of a Data Protection Agency. The NY Senate will hold a hearing this week on Senate Bill 5642,...

Pew: States Battle Big Tech Over Data Privacy Laws

The Pew Charitable Trusts reports that of the 24 states legislatures that considered data privacy legislation in 2019, only a few have passed new laws. Last year, California passed the California Consumer Privacy Act of 2018, the most comprehensive consumer...

Utah Becomes First State to Require Warrant for Data Held by Third-parties

The State of Utah has become the first state in the nation to require law enforcement to obtain a warrant to obtain electronic data held by third parties such as wireless providers, email providers, search engines, or social media companies....

Idaho Enacts Law Requiring Transparency in Pre-Trial Risk Assessments

Idaho became the first state to pass a law specifically promoting transparency, accountability, and explainability in pre-trial risk assessment tools. Pre-trial risk assessments are algorithms that help inform sentencing and bail decisions for defendants. The law prevents a trade secrecy...

EPIC to Senate Committee: Privacy Rules Can Help Level Playing Field for Small Business

In advance of a hearing on "Small Business Perspectives on a Federal Data Privacy Framework," EPIC has sent a statement to the the Senate committee on consumer protection. EPIC said that over the last two decades, an absence of privacy...

California AG Proposes Stronger Enforcement for State Privacy Law

The attorney general of California has unveiled legislation that would strengthen the California Consumer Privacy Act. The new bill would enable consumers to enforce their rights in court. The proposal comes as California seeks to implement the Consumer Privacy Act....

State Consumer Protection Report Highlights Privacy Cases

A recent report by the Center for State Enforcement of Antitrust and Consumer Protection Laws highlighted major privacy actions by state attorneys general, including New York's lawsuit against Apple for the FaceTime bug and California's settlement with Aetna for sending...

New Hampshire Voters Establish Constitutional Right to Informational Privacy

New Hampshire voters overwhelmingly approved a ballot measure that guarantees a constitutional right to information privacy in the state. The measure, which received 80% of the vote, amends Article 2 in the New Hampshire Bill of Rights providing that "an...

California Bans Anonymous Bots, Regulates Internet of Things

California Governor Jerry Brown recently signed two modern privacy laws, including a first in the nation law governing the security of the Internet of Things. SB327 sets baseline security standards for IoT devices. EPIC recently submitted comments to the Consumer...

California Passes Milestone Privacy Law

The State of California has enacted the California Consumer Privacy Act of 2018, the most comprehensive consumer privacy state law ever enacted in the United States. The Act will establish the right of residents of California to know what personal...

Secret Ballot At Risk in Colorado As Governor Considers "Ballot Selfie" Bill

The Colorado General Assembly recently passed a bill that allows "ballot selfies," threatening voter privacy. Ballot selfies allow campaigns, employers, unions, and others to verify how an individual voted. But EPIC explained in "The Secret Ballot At Risk: Recommendations for...

EPIC Urges Massachusetts High Court to Protect Email Privacy

EPIC has filed an amicus brief in the Massachusetts Supreme Judicial Court regarding email privacy. At issue is Google's scanning of the email of non-Gmail users. EPIC argued that this is prohibited by the Massachusetts Wiretap Act. EPIC described Google's...

Marquis v. Google

Whether Google's interception of e-mail is a violation of the MA Wiretap Act Background | EPIC's Interest | Legal Documents Summary Plaintiff Marquis is on appeal before the Massachusetts Supreme Judicial Court, the state’s high court, after filing a class...

Massachusetts Court Upholds Privacy Rights of Cell Phone Users

The Massachusetts Supreme Judicial Court ruled today in Commonwealth v. White that the Fourth Amendment prohibits law enforcement from seizing a cell phone based simply on an officer’s suspicion that a cell phone may be used in a crime, finding...

Secret Ballot At Risk in Maryland After Election Board Vote

The Maryland State Board of Elections has voted to certify Maryland’s online ballot-marking system for general use, threatening voter privacy. Voters using the online-ballot marking system would receive and fill out their ballot online, risking third party access their vote....

EPIC, Verified Voting, Common Cause Release Report on Ballot Secrecy

EPIC, Verified Voting, and Common Cause today released The Secret Ballot at Risk: Recommendations for Protecting Democracy, a report highlighting the right to a secret ballot and how Internet voting threatens voter privacy. All 50 states recognize ballot secrecy as...

EPIC Urges Wisconsin Legislature to Safeguard Student Privacy

In testimony for the Wisconsin legislature, EPIC urged state lawmakers to protect student privacy. EPIC's testimony: (1) explained how the U.S. Education Department weakened key safeguards for student records, (2) described the privacy risks that students today face, (3) underscored...

States Adopt New Student Privacy Safeguards

Several states have recently enacted new student privacy laws. Colorado and Connecticut’s laws impose strict requirements on those who collect student data. Connecticut also requires that parents are notified each time a school district enters into a contract that involves...

Amendment Would Overturn Model Facial Recognition Privacy Law

The Illinois Biometric Information Privacy Act is one of the strongest facial recognition laws in the country. Enacted in 2008, the law prohibits the use of biometric recognition technologies without consent and provides for meaningful enforcement. But a proposed amendment...

NY Attorney General Reports 40% Increase in Data Breaches

New York Attorney General Eric Schneiderman announced that his office has received 459 notices of data breaches impacting New Yorkers so far in 2016, representing a 40 percent increase over the same period last year. The office expects to receive...

Privacy in the States: Data Breach Notification in TN, Drone Surveillance in OR

Tennessee has become to the first state to expand data breach notification requirements to encrypted data. Public Chapter Number 692 requires any information holder to notify Tennessee residents of a data breach even if the data was encrypted. Information holders...

EPIC to Testify before Pennsylvania Senate on Domestic Drone Surveillance

EPIC Domestic Surveillance Project Director Jeramie Scot will testify at a hearing on before the Pennsylvania Senate Majority on "Unmanned Aerial Vehicles." The hearing will address the private and public sector use of drones. In a prepared statement, EPIC’s Scott...

EPIC FOIA - Information about Controversial DNA Forensic Technique Released

In response to EPIC's FOIA request, the California Department of Justice has released records on a controversial forensic technique. The records show that in 2014, the state agency spent more than $300,000 on STRMix, a secret technique for matching DNA....

California AG Releases 2016 Data Breach Report, Retail and Financial Sectors Most Vulnerable

A new report from California Attorney General Kamala Harris examines data breaches in California from 2012 to 2015. There were 657 data breaches during the last four years, which compromised over 49 million records. The retail sector experienced the largest...

In Court: EPIC Urges Massachusetts to Protect Student Privacy

EPIC has filed an amicus brief in the Massachusetts Supreme Judicial Court regarding a student privacy case. EPIC said that the police should obtain a warrant before seizing a student's cell phone. Citing a recent Supreme Court case, EPIC explained...

EPIC Obtains Documents on Secret DNA Forensic Source Code

In response to EPIC's state public records requests, Virginia and Pennsylvania have both released documents about "TrueAllele," a proprietary technique used in DNA forensic analysis. Virginia released to EPIC a validation study and validation summary prepared by the Virginia Department...

New Mexico Supreme Court Finds Warrantless Aerial Surveillance Violates Fourth Amendment

The Supreme Court of New Mexico ruled in State v. Davis that the Fourth Amendment prohibits the warrantless aerial surveillance of, and interference with, a person's private property. Specifically, the court found that "prolonged hovering close enough to the ground...

EPIC Pursues Public Release of Secret DNA Forensic Source Code

EPIC has filed public records requests in six states to obtain the source code of "TrueAllele," a software product used in DNA forensic analysis. According to recent news reports, law enforcement officials use TrueAllele test results to establish guilt, but...

California Rejects Warrantless Surveillance, Enacts "CalECPA"

California Governor Jerry Brown has signed the California Electronic Communications Privacy Act (CalECPA). CalECPA requires law enforcement to obtain a warrant before accessing digital data including metadata, location data, emails, and text messages. The warrant requirement applies to searches of...

California Enacts Innovative Privacy Protections for Drones and SmartTVs

California Governor Jerry Brown has signed laws that provide California residents with privacy protections against drones and SmartTVs. AB856 prohibits drone flight in the airspace above private property with the intent of taking photos, video, or a sound recording of...

EPIC Urges Wisconsin to Protect SSNs of Job Seekers

In testimony for the Wisconsin legislature, EPIC urged state lawmakers to protect the privacy of SSNs for job seekers. EPIC expressed support for a bill that prohibits the Department of Workforce Development from requiring SSNs from those who are trying...

In the States: California Governor Vetoes Drone Privacy Bill

Following lobbying by several tech companies, California Governor Jerry Brown has vetoed a bill that would have prohibited drone trespass over private property. Neighboring Oregon provides a civil action against drone operators who fly lower than 400 feet over private...

In the States: Delaware Enacts Several Privacy Laws

Delaware has recently passed four privacy laws. Under the Delaware Online Privacy and Protection Act, websites and apps must disclose the personally identifiable information they collect and how they use this information. The Student Data Privacy Protection Act enhances student...

In the States: NH Adopts Location Privacy Law

New Hampshire has enacted a strong location privacy law that requires a judicial warrant for access to cell phone location data. New Hampshire joins several other states that protect the privacy of cell phone location records, by public law or...

States Adopt Privacy Laws for Student Data, Breach Notification, License Plate Readers, and Drones

Several states have recently enacted new privacy laws. New Hampshire and Oregon passed student privacy legislation modeled after California's Student Online Personal Information Protection Act. Rhode Island and Connecticut enacted new consumer privacy and data breach notification laws. A new...

EPIC Urges California Supreme Court to Protect Open Records Law

EPIC has asked the Supreme Court of California to review a lower court decision that prevented public release of information about "automated license plate readers." The lower court held that information about the system to gather license plate date on...

South Carolina Requires Police Body Cameras, But Blocks Public Access to Footage

South Carolina has become the first state to require law enforcement agencies to deploy body cameras. However, the law exempts police body camera footage from public records law, which appears contrary to the stated goal of promoting police accountability. Many...

ACLU of Southern California v. Superior Court of Los Angeles

Whether millions of license plate scans collected by Automated License Plate Readers are exempt from disclosure as law enforcement investigative records. Background | EPIC's Interest in ACLU of Southern California v. Superior Court of LA | Legal Documents | Resources...

Florida Blocks Public Access to Police Body Camera Footage

Florida, a state with very broad open government laws, has exempted police body camera footage obtained inside a private residence, a health care, mental health care or social services facility or is taken in a place that a reasonable person...

California AG Urges Congress to Reform Data Breach Notification Bill

California Attorney General Kamala Harris has admonished the House Energy and Commerce Committee about the proposed Data Security and Breach Notification Act. In a letter to Committee leadership, Harris wrote, "I urge you to recognize the important role that states...

New Drone Privacy Law Signed by Florida Governor

Florida has a new law prohibiting the use of drones to intentionally record images of people on private property if a reasonable expectation of privacy exists. The law applies to law enforcement and private individuals, and provides for civil damages...

EPIC Launches State Policy Project

EPIC has launched the EPIC State Policy Project to track legislation across the county concerning privacy and civil liberties. The EPIC State Project will identify new developments and model legislation. The Project builds on EPIC's extensive work on emerging privacy...

EPIC Comments on Maryland Drone Bill

In a prepared statement for a hearing on a bill to limit drone surveillance, EPIC urged Maryland state legislatures to add additional privacy protections. The bill prohibits drone surveillance of "specifically targeted individuals or private property," except where a valid...