+1 City Bans Use of Facial Recognition Software.

Continuing Black Lives Matter reforms, Madison, Wisconsin voted to ban the use of facial recognition software by city agencies.

The reasons offered for opposing the use of facial recognition software:

  • unreliable
  • faulty
  • would worsen the racial disparities 

The exception that allows use of facial recognition software: to identify and locate “victims of human trafficking, child sexual exploitation or missing children.”

Wisconsin State Journal via Governing | Wisconsin Capital Bans City’s Facial Recognition Use

US Supreme Court & Data Privacy. Employers & Unauthorized Access

In Van Buren v. U.S. the question is whether unauthorized use of a law enforcement database by a law enforcement officer, who was authorized to the use the database, but not for this search, is that sanctionable?

Why does this matter? Did you ever check your realreal bids at the office? Or run a quick search for why your eye is twitching? Hello unauthorized use.

Where does this get even grayer? Researchers and journalists often use fake accounts for research purposes.

What has Alito said? ” including this unauthorized use could loop in a lot of others that are innocuous

Protocol | Van Buren v. United States: The SCOTUS case splitting the privacy world in two

COVID Broadband. Where should it go? National Governors Association

The National Governors Association has a new study about locating new broadband.

The nuts & bolts:

  • The FCC collects broadband access data, but says it is imperfect
  • Up to 42 million could be underserved by broadband
  • Suggests a program in North Carolina was a good way to map broadband access.
    • North Carolina stakeholders included state agencies and internet providers
    • The group conducted speed tests, increased WiFi hotspots and widen outreach
    • 44% increase in statewide connectivity from 2014 to 2019

NGA | Governor Strategies to Expand Affordable Broadband Access

Bill to Develop EV Charger Data

The legislation: HR 8807 (116th Congress)

What will HR 8807 do?

  • Create a $10M grant program for local governments and utilities
  • To determine where to locate EV charging stations

What information will the data help solve?

  • data on travel patterns and regional commutes
  • data to address and quell range anxiety
  • produce a map “identifying concentrations of electric vehicle charging stations to meet the needs of current and future of electric vehicle drivers” 
  • data to track evolving transportation patterns
  • to “empower investors and private sector companies to confidently build out this infrastructure in an informed manner”-Citizens for Responsible Energy Solutions Executive Director Heather Reams

ROUTE FIFTY | New legislation would launch a $10 million grant program to set the scene for what’s to come on the EV-use landscape.

COVID Data. Health Data Audits

Which legislature is calling on health care data audits? Pennsylvania

How will this work? The Legislature’s House Budget and Finance Committee will audit data maintained by the Health Department to identify anomalies in its reporting

What: HR 1087 (2020 | PA)

Why? What was the Legislature reacting to? Discrepancy between the number of COVID-19-related deaths reported by the state’s Department of Health & those reported by coroners + inconsistencies in reporting of deaths from nursing homes and practices for reporting positive cases

State vs. Feds on Data Privacy Protections

California’s Data Privacy Legislation, CCPA, and its amendments passed by voters in November 2020, federal legislation is thought to likely meet or exceed California data privacy standards.

What would be included in federal legislation that isn’t in California’s?

  • individual privacy rights for data privacy
  • whether private individuals may bring a cause of action for data privacy violations
  • whether California’s small business exception will apply.
    • California defines a small business as less than $25 million annual revenue and earns less than half its revenue from selling data from fewer than 50,000 entities
  • The impact and use of AI and algorithmic discrimination

Brookings Institute | By passing Proposition 24, California voters up the ante on federal privacy law

Audit: State Should Create a privacy office

The state: Oregon

Why is a state privacy office necessary?

  • state agencies collect a lot of personal information
  • there is no consistent statewide policy unhanding personal information
  • state must ensure that privacy risks are identified and managed
  • state must ensure there is a process to handle security incidents

A fragmented system relying on each agency to protect data separately falls short in protecting personal data

What does Oregon have in place? Enterprise Information Services, a statewide data and information systems agency

How many states have a single point in charge of protecting personal data? 15

Statesman Journal | Audit suggests state take this step to protect Oregonians’ personal information