New York Gov. Andrew Cuomo recently signed a bill into law that allows homeowners to sue a neighbor for invasion of privacy if the neighbor secretly records recreational activities in the homeowner’s backyard. The bill, sponsored by state Sen. Cathy Young, R-Cattaraugus County, and Assemblyman Ed Braunstein, D-Queens, builds on a 2003 law that made it a felony to videotape someone without their permission in an intimate setting where there would be a reasonable expectation of privacy, such as a bedroom or bathroom.
Legislation debated Wednesday before the New York City Council would force the NYPD to disclose some details about surveillance technology such as cellphone-tower replicators, X-ray vans, and license-plate readers. The NYPD also would need to adopt what lawmakers say are privacy disclosures similar to those of the Department of Homeland Security and other municipalities. Under the POST Act —short for Public Oversight of Police Technology— the NYPD would need to publicly disclose each item’s current and future “impact and use policies,” seek public feedback, and explain whether court permission is needed for deployment.
Legislation approved by the Pennsylvania state Senate on Wednesday seeks to clear legal hurdles for police departments to expand their officers’ use of body cameras, and it gives departments the discretion to refuse public requests for copies of audio or video recordings by officers. The bill, which passed 47-1 after brief comments on the Senate floor, would add Pennsylvania to a growing list of states that are setting statewide policy over the collection of audio and video by officers, including from dashboard and body cameras.
A bill that would block government entities from putting up surveillance cameras inside the bathrooms of public buildings has passed both the Iowa House and Senate and is expected to be signed by Gov. Terry Branstad. The ACLU of Iowa had been pushing for the bill after complaints from an Iowa City woman who noticed that a camera was focused on the sink area inside the Iowa City Public Library.
In the wake of a tragic shooting in San Bernardino, California, on Monday, the Security Industry Association (SIA) pressed for wide adoption of school security guidelines developed by the Partner Alliance for Safer Schools (PASS), which prescribe a tiered approach for schools based on available resources. SIA also announced its support of proposed funding measures on Capitol Hill that would authorize matching grants for school security measures.
ASIS International (ASIS), the leading association for security management professionals worldwide, today sent a letter of support to the Senate Committee on Commerce, Science, and Transportation for the Making Available Information Now to Strengthen Trust and Resilience and Enhance Enterprise Technology (MAIN STREET) Cybersecurity Act. The proposed legislation calls on the National Institute of Standards and Technology (NIST) and other agencies to provide a consistent set of resources for small businesses to best protect their digital assets from cybersecurity threats.
It has been said that Britain has more surveillance cameras than any other country in the world. This proliferation of CCTV cameras led the government to establish a surveillance camera commissioner responsible for overseeing their governance – the only country in the world to do so. In another first, the commissioner has now released a national strategy for England and Wales to set out how CCTV should be operated and to ensure that cameras are used in the public interest.
The real-life impacts of Maine’s refusal to issue new federally mandated driver’s licenses and identification cards were on display Tuesday as lawmakers heard testimony on a bill that would bring the state into compliance with the federal Real ID law. Maine has been among a handful of states to resist the federal law, which requires digital photos on state driver’s licenses, IDs that can be used with facial recognition software, and the digital archiving of identity documents such as birth certificates or Social Security numbers, among other things. The states where residents will need identification other than driver’s licenses to fly on Jan. 22, 2018, are: Maine, Kentucky, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina and Washington.
On February 15, the Geolocation Privacy and Surveillance Act (GPS Act) was introduced by a bipartisan group of US Congress members. Designed to enact comprehensive rules for both government agencies and commercial service providers, the GPS Act would require law enforcement to obtain a warrant before using GPS data to track an individual’s location and would require service providers to obtain customer consent before sharing geolocation data with outside entities.
In recent years, the plaintiffs’ class action bar has focused its efforts on pursuing claims under legislative schemes that provide for statutory damages. The litigation explosion under the Telephone Consumer Protection Act (TCPA) is a textbook example of how enterprising lawyers exploit laws that provide for such uncapped damages in an attempt to extract large settlements for technical violations that, in many cases, have caused no cognizable harm. As plaintiffs begin to explore new claims under these legislative schemes, we seek to help our clients minimize their risk through heightened awareness of the technical requirements of new and existing laws, vigilant compliance programs, and aggressive defense against litigation. Biometrics is one such area.