This bill requires data brokers that collect and sell Oregon residents' personal data to register with the state's Department of Consumer and Business Services. It defines data brokers as entities that collect and sell brokered personal data, such as names, addresses, social security numbers. To register, data brokers must provide their contact information and details on whether residents can opt out of data collection and sales. The department can fine noncompliant brokers up to $10,000 per year. The bill takes effect in January 2024 and is necessary for public welfare.
IIAC Young Agents - Protecting Your Insureds\' Private InformationJason Hoeppner
Personal information security and breach notification requirements are topics that all independent insurance agencies need to be aware of and be prepared for operationally in the event of a loss of clients\' information.
On August 3, 2023, the Government of India, introduced the fifth iteration of India's proposed personal data protection
legislation, i.e., the Digital Personal Data Protection Bill, 2023 (DPDP Bill) in Parliament. Previously, in December 2022,
the Ministry of Electronics and Information Technology had released a draft version of the bill (2022 Draft), inviting
public comments thereto.
Once in force, the DPDP Bill aims to amend and omit some of the
IIAC Young Agents - Protecting Your Insureds\' Private InformationJason Hoeppner
Personal information security and breach notification requirements are topics that all independent insurance agencies need to be aware of and be prepared for operationally in the event of a loss of clients\' information.
On August 3, 2023, the Government of India, introduced the fifth iteration of India's proposed personal data protection
legislation, i.e., the Digital Personal Data Protection Bill, 2023 (DPDP Bill) in Parliament. Previously, in December 2022,
the Ministry of Electronics and Information Technology had released a draft version of the bill (2022 Draft), inviting
public comments thereto.
Once in force, the DPDP Bill aims to amend and omit some of the
DIGITAL PERSONAL DATA PROTECTION ACT 2023-PPT-VPD.pptxVijay Dalmia
The Digital Personal Data Protection Act, 2023 (DPDP Act) is a significant development in Indian data protection. Here's a concise overview:
**Personal Data and Processing:**
- "Personal data" under DPDP Act refers to any data identifying an individual.
- "Processing" includes various operations, like collection and storage.
**Data Fiduciary and Data Processor:**
- "Data Fiduciary" determines data processing purposes.
- "Data Processor" processes data on behalf of a Data Fiduciary.
**Coverage:**
- DPDP Act covers those processing personal data, excluding personal or domestic purposes.
**Applicability:**
- Applies when processing occurs within or outside India related to offering goods/services within India.
**Permitted Processing:**
- Personal data can be processed with consent or under legitimate uses outlined in DPDP Act.
**Consent:**
- Consent should be clear, informed, and obtained through affirmative action.
**Notice:**
- A notice is mandatory before collecting personal data.
- Fresh notice required if processing begins before DPDP Act commencement.
**Data Fiduciary Obligations:**
- Appoint Data Processor via valid contract.
- Ensure data completeness, accuracy, and security.
- Erase data when purpose is fulfilled.
- Implement technical and security measures.
- Report breaches to Data Protection Board.
- Establish grievance redressal mechanism.
- Publish contact information of Data Protection Officer.
**Significant Data Fiduciary:**
- Conduct periodic data protection impact assessments.
- Appoint Data Protection Officer and independent data auditor.
**Data Protection Board:**
- An enforcement body established by the Central Government.
- Appeals go to Telecom Disputes Settlement and Appellate Tribunal.
**Consent Manager:**
- Facilitates consent management through an accessible platform.
- Registered with Data Protection Board.
**Data Principal Rights:**
- Right to access personal data.
- Right to correction, erasure, and grievance redressal.
- Right to nominate and withdraw consent.
**Cross-Border Data Transfers:**
- Generally allowed, but Central Government can restrict specific countries/territories.
**Penalties:**
- Non-compliance may result in penalties up to INR 250 Crores (approx. US$ 3,01,00,000).
**Compliance Timeframe:**
- No specific timeframe provided; companies should proactively prepare for DPDP Act compliance.
This summary provides a concise overview of the DPDP Act's key provisions and obligations.
The FDIC is proposing regulations that would impose requirements for foreign currency futures, options on futures, and options that an insured depository institution supervised by the Federal Deposit Insurance Corporation engages in with retail customers.
Simplification and Ease of User Data Verification: The Regulatory Framework f...AHRP Law Firm
The Facial Verification Technology (FVT) plays a crucial role in Electronic Know Your Customer (E-KYC) processes, improving security and operational efficiency by remotely confirming individuals' identities through several online authentication steps by utilizing users' data registered in population databases. The purpose of FVT itself is to reduce the risks of identity theft and fraud. Recently, the Financial Services Authority (OJK) issued OJK Reg. 3/2024 focusing on the Implementation of Financial Sector Technology Innovations. This regulation outlines the licensing procedure for FVT organizers, aligning with MoHA Reg. 102/2019, which addresses access rights for using population data. Moreover, the implementation of FVT must comply with data protection regulations, in particular, Law 27/2022 and OJK Reg. 3/2024. Find out more about our insights on this topic in our Legal Brief publication.
Government Contacting - FAR Part 24 - Protection Of Privacy And Freedom Of In...JSchaus & Associates
Please join Jennifer Schaus & Associates every Friday in 2020 for a complimentary series. See the full recording on our YouTube Channel (https://youtu.be/8WSeOIlY7VY). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
DIGITAL PERSONAL DATA PROTECTION ACT 2023-PPT-VPD.pptxVijay Dalmia
The Digital Personal Data Protection Act, 2023 (DPDP Act) is a significant development in Indian data protection. Here's a concise overview:
**Personal Data and Processing:**
- "Personal data" under DPDP Act refers to any data identifying an individual.
- "Processing" includes various operations, like collection and storage.
**Data Fiduciary and Data Processor:**
- "Data Fiduciary" determines data processing purposes.
- "Data Processor" processes data on behalf of a Data Fiduciary.
**Coverage:**
- DPDP Act covers those processing personal data, excluding personal or domestic purposes.
**Applicability:**
- Applies when processing occurs within or outside India related to offering goods/services within India.
**Permitted Processing:**
- Personal data can be processed with consent or under legitimate uses outlined in DPDP Act.
**Consent:**
- Consent should be clear, informed, and obtained through affirmative action.
**Notice:**
- A notice is mandatory before collecting personal data.
- Fresh notice required if processing begins before DPDP Act commencement.
**Data Fiduciary Obligations:**
- Appoint Data Processor via valid contract.
- Ensure data completeness, accuracy, and security.
- Erase data when purpose is fulfilled.
- Implement technical and security measures.
- Report breaches to Data Protection Board.
- Establish grievance redressal mechanism.
- Publish contact information of Data Protection Officer.
**Significant Data Fiduciary:**
- Conduct periodic data protection impact assessments.
- Appoint Data Protection Officer and independent data auditor.
**Data Protection Board:**
- An enforcement body established by the Central Government.
- Appeals go to Telecom Disputes Settlement and Appellate Tribunal.
**Consent Manager:**
- Facilitates consent management through an accessible platform.
- Registered with Data Protection Board.
**Data Principal Rights:**
- Right to access personal data.
- Right to correction, erasure, and grievance redressal.
- Right to nominate and withdraw consent.
**Cross-Border Data Transfers:**
- Generally allowed, but Central Government can restrict specific countries/territories.
**Penalties:**
- Non-compliance may result in penalties up to INR 250 Crores (approx. US$ 3,01,00,000).
**Compliance Timeframe:**
- No specific timeframe provided; companies should proactively prepare for DPDP Act compliance.
This summary provides a concise overview of the DPDP Act's key provisions and obligations.
The FDIC is proposing regulations that would impose requirements for foreign currency futures, options on futures, and options that an insured depository institution supervised by the Federal Deposit Insurance Corporation engages in with retail customers.
Simplification and Ease of User Data Verification: The Regulatory Framework f...AHRP Law Firm
The Facial Verification Technology (FVT) plays a crucial role in Electronic Know Your Customer (E-KYC) processes, improving security and operational efficiency by remotely confirming individuals' identities through several online authentication steps by utilizing users' data registered in population databases. The purpose of FVT itself is to reduce the risks of identity theft and fraud. Recently, the Financial Services Authority (OJK) issued OJK Reg. 3/2024 focusing on the Implementation of Financial Sector Technology Innovations. This regulation outlines the licensing procedure for FVT organizers, aligning with MoHA Reg. 102/2019, which addresses access rights for using population data. Moreover, the implementation of FVT must comply with data protection regulations, in particular, Law 27/2022 and OJK Reg. 3/2024. Find out more about our insights on this topic in our Legal Brief publication.
Government Contacting - FAR Part 24 - Protection Of Privacy And Freedom Of In...JSchaus & Associates
Please join Jennifer Schaus & Associates every Friday in 2020 for a complimentary series. See the full recording on our YouTube Channel (https://youtu.be/8WSeOIlY7VY). For more information about our federal contracting services please visit http://www.Jenniferschaus.com or contact us at 202-365-0598. Win more federal government contracts!
Frequently Asked Questions on the judgment of the Court
of Justice of the European Union in Case C-311/18 - Data
Protection Commissioner v Facebook Ireland Ltd and
Maximillian Schrems
A 53-count third-superseding indictment (the “Indictment”) was unsealed today in federal court in Brooklyn charging sports marketing executives Hernan Lopez and Carlos Martinez, formerly of 21st Century Fox, Inc. (“Fox”); Gerard Romy, former co-CEO of Spanish media company Imagina Media Audiovisual SL (“Imagina”); and Uruguayan sports marketing company Full Play Group S.A. (“Full Play”) (collectively, the “New Defendants”) with wire fraud, money laundering and related offenses – including, as to Romy and Full Play, racketeering conspiracy – in connection with the government’s long-running investigation and prosecution of corruption in organized soccer.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
1. 82nd OREGON LEGISLATIVE ASSEMBLY--2023 Regular Session
Enrolled
House Bill 2052
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House In-
terim Committee on Business and Labor for Attorney General Ellen Rosenblum)
CHAPTER .................................................
AN ACT
Relating to registration of business entities that qualify as data brokers; and declaring an emer-
gency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:
(a) “Brokered personal data” means any of the following computerized data elements
about a resident individual, if categorized or organized for sale or licensing to another per-
son:
(A) The resident individual’s name or the name of a member of the resident individual’s
immediate family or household;
(B) The resident individual’s address or an address for a member of the resident
individual’s immediate family or household;
(C) The resident individual’s date or place of birth;
(D) The maiden name of the resident individual’s mother;
(E) Biometric information about the resident individual;
(F) The resident individual’s Social Security number or the number of any other
government-issued identification for the resident individual; or
(G) Other information that, alone or in combination with other information that is sold
or licensed, can reasonably be associated with the resident individual.
(b)(A) “Business entity” means:
(i) A resident individual who regularly engages in commercial activity for the purpose
of generating income;
(ii) A corporation or nonprofit corporation, limited liability company, partnership or
limited liability partnership, business trust, joint venture or other form of business organ-
ization the constituent parts of which share a common economic interest;
(iii) A financial institution, as defined in ORS 706.008; or
(iv) Another person that controls, is controlled by or is under common control with a
person described in sub-subparagraphs (ii) and (iii) of this subparagraph.
(B) “Business entity” does not include the state or a state agency, a local government,
as defined in ORS 174.116, a public corporation or a business entity or other person during
a period in which the business entity or person is acting solely on behalf of and at the di-
rection of the state, a state agency, the local government or a public corporation.
(c)(A) “Data broker” means a business entity or part of a business entity that collects
and sells or licenses brokered personal data to another person.
Enrolled House Bill 2052 (HB 2052-B) Page 1
2. (B) “Data broker” does not include:
(i) A consumer reporting agency, as defined in 15 U.S.C. 1681a(f), a person that furnishes
information to a consumer reporting agency, as provided in 15 U.S.C. 1681s-2, or a user of a
consumer report, as defined in 15 U.S.C. 1681a(d), to the extent that the consumer reporting
agency, the person that furnishes information to a consumer reporting agency or the user
of a consumer report engages in activities that are subject to regulation under the federal
Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.;
(ii) A financial institution, an affiliate or a nonaffiliated third party, as those terms are
defined in 15 U.S.C. 6809, to the extent that the financial institution, affiliate or nonaffiliated
third party engages in activities that are subject to regulation under Title V of the Gramm-
Leach-Bliley Act, 15 U.S.C. 6801 to 6809, and regulations adopted under Title V of the
Gramm-Leach-Bliley Act;
(iii) A business entity that collects information about a resident individual if the resident
individual is or was:
(I) A customer, subscriber or user of the business entity’s goods or services;
(II) An employee or agent of the business entity or is in a contractual relationship with
the business entity;
(III) An investor in the business entity;
(IV) A donor to the business entity; or
(V) In another relationship with the business entity the nature of which is similar to the
relationships described in this sub-subparagraph; or
(iv) A business entity that performs services for, acts on behalf of or acts as an agent
of a business entity described in sub-subparagraph (iii) of this subparagraph.
(d)(A) “License” means a grant of access to, or distribution of, data by one person to
another person in exchange for consideration.
(B) “License” does not include a use of data for the sole benefit of a data provider where
the data provider maintains control over the use of the data.
(e) “Resident individual” means a natural person who resides in this state.
(2)(a) Except as provided in paragraph (b) of this subsection, a data broker may not col-
lect, sell or license brokered personal data within this state unless the data broker first
registers with the Department of Consumer and Business Services as provided in subsection
(3) of this section.
(b) A data broker may collect, sell or license brokered personal data without registering
with the department if the collection, sale or licensing involves only:
(A) Providing publicly available information that is related to a resident individual’s
business or profession;
(B) Providing publicly available information as part of a service that provides alerts for
health or safety purposes;
(C) Providing information that is lawfully available from federal, state or local govern-
ment records;
(D) Publishing, selling, reselling, distributing or providing digital access to journals,
books, periodicals, newspapers, magazines, news media or educational, academic or instruc-
tional works;
(E) Developing or maintaining an electronic commerce service or software;
(F) Providing directory assistance or directory information services as, or on behalf of,
a telecommunications carrier; or
(G) Selling the assets of a business entity or a part of a business entity a single time,
or only occasionally, as part of a transfer of control over the assets that is not part of the
ordinary conduct of the business entity or a part of the business entity.
(3) To register with the department, a data broker shall:
(a) Submit on a form and in a format the department specifies:
(A) The name of the data broker;
Enrolled House Bill 2052 (HB 2052-B) Page 2
3. (B) The street address and telephone number of the data broker; and
(C) The data broker’s primary website and electronic mail address.
(b) Pay a fee in an amount the department specifies by rule. The department shall set
the fee in an amount that is sufficient, when aggregated, to pay the costs of administering
the registration program.
(c) Include with the application form a declaration in which the data broker:
(A) States whether resident individuals may opt out of all or a portion of the data
broker’s collection, sale or licensing of the resident individuals’ brokered personal data;
(B) Identifies which of the data broker’s activities of collecting, selling or licensing bro-
kered personal data a resident individual may opt out of or which portion of the resident
individual’s brokered personal data the resident individual may opt out of providing or per-
mitting the data broker to collect, sell or license;
(C) Describes the method by which a resident individual may exercise the choices de-
scribed in subparagraphs (A) and (B) of this paragraph; and
(D) States whether a resident individual may authorize another person to exercise the
choice described in subparagraph (A) of this paragraph on the resident individual’s behalf
and, if so, how to do so.
(4) If a data broker complies with the requirements set forth in subsection (3) of this
section, the department shall approve the registration. A registration under this section is
valid until December 31 of the year in which the department approves the registration.
(5) The department may approve and renew a registration under this section by means
of an agreement with the Nationwide Multistate Licensing System and may, by rule, conform
the practices, procedures and information that the department uses to approve or renew a
registration to the requirements of the Nationwide Multistate Licensing System.
(6) The department shall make the information that business entities submit for regis-
tration under this section publicly available on or by means of the department’s website.
(7)(a) The department may impose a civil penalty:
(A) In an amount that does not exceed $500 for each of a data broker’s violations of a
requirement under this section or each violation of a rule the department adopted under this
section; or
(B) In the case of a continuing violation, in the amount of $500 for each day in which the
violation continues.
(b) The total amount of penalties that the department imposes on a data broker may not
exceed $10,000 during any calendar year.
(8) The department may adopt rules that are necessary to implement the provisions of
this section.
SECTION 2. Notwithstanding any other law limiting expenditures, the amount of $393,156
is established for the biennium beginning July 1, 2023, as the maximum limit for payment
of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but ex-
cluding lottery funds and federal funds, collected or received by the Department of Consumer
and Business Services for the registration of data brokers.
SECTION 3. (1) Section 1 of this 2023 Act becomes operative on January 1, 2024.
(2) The Director of the Department of Consumer and Business Services may adopt rules
and take any other action before the operative date specified in subsection (1) of this section
that is necessary to enable the director to undertake and exercise all of the duties, functions
and powers conferred on the director by section 1 of this 2023 Act.
SECTION 4. This 2023 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2023 Act takes effect
on its passage.
Enrolled House Bill 2052 (HB 2052-B) Page 3
4. Passed by House June 7, 2023
..................................................................................
Timothy G. Sekerak, Chief Clerk of House
..................................................................................
Dan Rayfield, Speaker of House
Passed by Senate June 22, 2023
..................................................................................
Rob Wagner, President of Senate
Received by Governor:
........................M.,........................................................., 2023
Approved:
........................M.,........................................................., 2023
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2023
..................................................................................
Secretary of State
Enrolled House Bill 2052 (HB 2052-B) Page 4