Oct 212019
 October 21, 2019  Posted by  Breaches, Court, Non-U.S., Surveillance, Workplace

Diane Taylor reports:

A former Metropolitan police detective who successfully sued the force for wrongly using its powers to investigate her has lost her eight-year court battle to hold the police to account.

Andrea Brown said after a new ruling against her she might become homeless paying the police’s costs. “It can’t be right that the police have been found to have acted unlawfully but I’m the one being punished,” she said.

Read more on The Guardian.

Oct 212019
 October 21, 2019  Posted by  Featured News, Govt, Laws, Surveillance, U.S.

October 21 —  The Department of Justice today issued a notice of proposed rulemaking (NPRM) that would restore to the Attorney General the authority vested in him by the bipartisan DNA Fingerprint Act of 2005 to authorize and direct the Department of Homeland Security (DHS) to collect DNA samples from the non-United States persons it detains.  Once implemented, this rule will facilitate federal, state, and local crime reduction and investigation efforts.

“The proposed rule change would help to save lives and bring criminals to justice by restoring the authority of the Attorney General to authorize and direct the collection of DNA from non-United States persons detained at the border and the interior by DHS, with the ultimate goal of reducing victimization of innocent citizens,” said Deputy Attorney General Jeffrey A. Rosen.  “Today’s proposed rule change is a lawful exercise of the Attorney General’s authority, provided by Congress, to collect DNA samples from non-United States persons who are properly detained under the authority of the United States.”

As a result of this rule change, the Department of Justice will ensure that all federal agencies—including DHS—are in full compliance with the bipartisan DNA Fingerprint Act, which was a component of a larger legislative package that passed the House of Representatives by an overwhelming vote of 415 to four and the Senate by Unanimous Consent.  The DNA Fingerprint Act provided the Attorney General with the exclusive authority to draft regulations to authorize and direct any federal agency to “collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States.” 24 U.S.C. § 40702(a)(1)(A).

On Dec. 10, 2008, the Department of Justice published in the Federal Register a final rule implementing the collection of DNA samples under the DNA Fingerprint Act.  That rule included a provision at 28 C.F.R. § 28.12(b)(4) that permitted DHS to exempt itself from collecting DNA samples from its non-United States citizen detainees by consulting with the Attorney General.  Today’s proposed rule change would eliminate that exception, and restore to the Attorney General the plenary authority to authorize and direct federal agencies’ DNA collection efforts that Congress vested in him on an overwhelmingly bipartisan basis in the DNA Fingerprint Act.

Since Congress’ passage of the bipartisan DNA Fingerprint Act, the Federal Bureau of Investigation (FBI) has built a high-throughput DNA sample processing infrastructure through its Combined DNA Index System (CODIS).  The CODIS database is a vital tool for federal, state, and local law enforcement investigations.  All fifty states, the District of Columbia, Puerto Rico, and federal law enforcement participate in the national sharing of DNA profiles through CODIS.  The FBI also has consistently reduced the operational burden for individual federal agencies to collect DNA through technological enhancements.

In advance of this rule change, the Department of Justice and DHS have been working collaboratively to initiate a pilot program for the collection of DNA from non-U.S. persons detained by DHS.  As with all other DNA samples that federal agencies collect under the authority of the bipartisan DNA Fingerprint Act, the DNA samples that DHS collects from its non-United States person detainees will be entered into the Federal Bureau of Investigation’s Combined DNA Index System (CODIS).  The FBI’s laboratory has the capacity to handle the increased input from DHS, and its capabilities can be scaled up to meet additional capacity.  The FBI will provide DHS with the DNA collection kits, analyze the samples, and ensure that law enforcement agencies use the results in accordance with the FBI’s stringent CODIS privacy requirements.

Source: U.S. Department of Justice

Oct 212019
 October 21, 2019  Posted by  Govt, Non-U.S., Surveillance

Angelica Mari reports:

Opposition to a presidential decree that creates a unique database with information about all Brazilian citizens has crystalized as a bill has been introduced to reverse the decision.

The bill authored by congressman André Figueiredo outlined a series of concerns around the decision by president Jair Bolsonaro, which established the rules and guidelines for data sharing between authorities and public sector bodies and created a single personal data repository for Brazil’s over 200 million citizens with information ranging from voice to gait.

Read more on ZDNet.

Oct 192019
 October 19, 2019  Posted by  Business, Non-U.S., Surveillance

Bloomberg reports:

Hangzhou Hikvision Digital Technology Co.v warned it may lose customers in overseas markets because of its U.S. blacklisting, underscoring the extent to which curbs on the sale of American technology may hurt the world’s largest video surveillance business.

Executives at the Chinese camera provider, which reported profit in line with estimates Friday, said however the company was large enough to withstand U.S. sanctions and develop its own technology in the longer term.

Read more on Bloomberg.