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A NYSD Judge sides with search and seizure of cell-phone records

The New York State Department Judge William Pauley III denied a motion to restrain data obtained through a law enforcement access to cell-phone records.  In the Judge opinion, we can read that “cellphone users must relinquish some privacy interests — at least related to their location — as a prerequisite to using a device so embedded in everyday life” and the “current Fourth Amendment jurisprudence affords no privacy interest in records created by a third party based on information voluntarily provided”.  The case will be discussed before the U.S. Supreme Court that could confirm the plaintiffs’ lawyers worries on lowering standards for search and seizure created by the Stored Communications Act.

The Court case is accessible at the NYSD page here
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House of Lords concerned about a Post-Brexit data transfer restriction

The EU Home Affairs Sub-Committee of the U.K. House of Lords has observed dangerous shortages in the post-Brexit plans on data transfers.  The risk is the creation of a competitive disadvantage for the U.K. that could be limited in its access to instruments for information sharing. For this reason, the Sub-Committee advises U.K. Government to obtain an adequacy decision from the European Commission.  Under this point of view, U.K. must also consider that since the Privacy Shield will not be applicable to non-EU Countries making excessive concessions to data transfers to the U.S. could adversely influence such adequacy decision.

Visit the U.K. Parliament related documentation here
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Data breaches rate in the U.S. increased up to 29 percent in the first half of 2017

The Identity Theft Resource Center has reported that the number of data breaches in the U.S. has increased of 29 percent in the first half of 2017.  In the first six months of 2017 the breaches amount to 791, exposing approximately 12 million records.  The most affected sector is the business sector with the highest percentage of reported breaches while the health care industry was hit by the higher increase of data incidents.

Consult the Identity Theft Resource Center website here
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FTC to reform internal processes related to Civil Investigative Demands

U.S. Federal Trade Commission (FTC) Acting Chairman Maureen Ohlhausen has declared the beginning of a series of internal reforms in its Bureau of Consumer Protection.  The aim is to streamline information requests and improve transparency during the investigations, in order to enhance the Agency capacity to protect consumers and further competition, avoiding unnecessary limitations to companies’ activities. One of the main reform proposals sees more specific descriptions of the investigative reasons and purposes in order to give to companies the possibility to comprehend what the Agency is seeking for.

The FTC press release is available here
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Australia proposes a law to oblige tech companies to disclose encrypted messages

The Australian Government has proposed a new cybersecurity law ordering service providers, such as Facebook and Google, to disclose encrypted messages to law enforcement agencies in cases of suspects of extremist or criminal activities.  Australian Prime Minister Malcolm Turnbull proposal follows the U.K. Investigatory Powers Act model where internet companies can be submitted to the same obligations of telephone companies to assist law enforcement agencies.

The news is reported by Reuters here