16th Newsletter -> 22 - 28 October 2016

European Data Protection Authorities Want Answers From WhatsApp, Facebook, and Yahoo

European privacy watchdogs, together known as the Article 29 Working Party (WP), have sent letters to WhatsApp over its sharing of information with parent company Facebook, and to Yahoo about a 2014 data breach and its scanning of customer emails for U.S. intelligence purposes. The WP members have expressed serious concerns about WhatsApp’s recent change in privacy policy, more specifically about WhatsApp sharing user’s phone numbers with Facebook. They requested WhatsApp to communicate all relevant information as soon as possible and they urged the company to pause the sharing of users’ data until the appropriate legal protections could be assured. In response WhatsApp representative stated that the company was working with data protection authorities to address their questions.

The WP also sent a letter to Yahoo over a massive data breach that exposed the email credentials of 500 million users and about the scanning of customers’ incoming emails for specific information required by the U.S. intelligence officials. The WP wants to receive detailed information about the breach and about to the notification procedures of the affected users. Yahoo was urged to provide information on the legal basis and the compatibility with EU law regarding its related activities.

Read more HERE

Read the Article 29 WP Press Release HERE

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US FCC Adopts Broadband Consumer Privacy Rules

As we have reported in the 13th edition of our Newsletter, the Federal Communications Commission (FCC) proposed new rules that will put broadband providers under a stricter privacy regime. In a highly anticipated vote, the FCC this week approved new privacy rules for broadband providers. The rules will affect the Section 222 of the Communications Act for internet service providers. The use and sharing of data is now separated into three categories: opt-in, opt-out, and exceptions to consent requirements. Broadband providers will need to acquire opt-in consent to use and share sensitive information (e.g. location, financial, health data).

The regime is different for regular data, because the broadband providers only need to give consumers the option to opt-out. Furthermore, providers must provide consumers with information on how their data will be collected and used, and that they employ reasonable data security practices and that they follow common-sense data breach notification requirements.

Read more HERE

HERE you can find all the details

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UK Government to Clamp Down on Nuisance Call Bosses

The UK government will give more power to the UK Information Commissioner Office as it will be able to fine firm directors for up to £500,000 if they are found to be in breach of the Privacy and Electronic Communications Regulations. This change comes into force in Spring 2017 and currnelt only businesses are liable for fines and many of them evaded paying fines by declaring bankruptcy — only to establish the same business under a different name.

The ICO has issued fines totalling almost £3.7million to companies behind nuisance marketing. And this year alone, the ICO has fined firms responsible for more than 70 million calls and nearly 8 million spam text messages. But Andy Curry, the ICO Enforcement Group Manager, this week publish his Blogpost where he stated that while the ICO has issued a considerable number of fines, this year only 6 of the 27 fines were paid in full, meaning that £2.26million of the issued penalties remain entirely unpaid.

Read more HERE

Read the Blogpost HERE

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Sweden Bans Camera Drones

The Supreme Administrative Court of Sweden ruled that cameras attached to drones contravene Sweden’s strict surveillance laws. The Court prohibited the use of such drones unless it is used by a law enforcement agency or an expensive permit has been issued. The Court stated that all drone cameras count as surveillance devices, and that they can now only be used to prevent crime or accidents. On the other hand, cameras mounted on a bike or used in a car are not subjected to such restrictions. The Court reasoned that a camera attached to a handlebar or mounted behind or to a windshield goes whenever its owner goes.

Read more HERE

Read the full Judgement HERE (Swedish language)