March

The Colombian Data Protection Authority (the Superintendence of Industry and Commerce, or SIC) has issued regulations requiring all data controllers that are (i) private legal entities registered in Chambers of Commerce in Colombia (i.e., incorporated in Colombia) or (ii) partially government owned corporations ("sociedades de economica mixta") to register their databases by November 8th, 2016.

The failure to register or update registration information would constitute a violation of Colombia's Data Protection Laws. We anticipate that the SIC will use the Registry as a benchmark for investigating and issuing sanctions related to breaches of the Data Protection Laws.

The Federal Government announced a series of changes to modernize and strengthen the way we conduct background investigations for Federal employees and contractors and protect sensitive data. These changes include the establishment of the National Background Investigations Bureau (NBIB), which will absorb the U.S. Office of Personnel Management's (OPM) existing Federal Investigative Services (FIS), and be headquartered in Washington, D.C.

This new government-wide service provider for background investigations will be housed within the OPM. Its mission will be to provide effective, efficient, and secure background investigations for the Federal Government. Unlike the previous structure, the Department of Defense will assume the responsibility for the design, development, security, and operation of the background investigations IT systems for the NBIB.

New York University is taking steps to remove the criminal background check question on their college application forms.
 
By doing this, prospective students would no longer have to divulge if they've run afoul of the law.
 
Could this be the new frontier of Ban the Box? Since 2007, the ubiquitous college entry form used by more than 600 schools has required applicants to disclose their criminal backgrounds. "Especially in the context of high rates of school discipline and incarceration among people of color, it seems vital to pose two questions about the checkboxes," NYU's vice president for enrollment management MJ Knoll-Finn said in a letter to the Common Application chief Paul Mott and board chair Gil Villanueva.
 
 Bottom line is that universities should weigh these important concerns before "opting-out" on this complex issue. Of course, we all want to be fair in our employment and admission standards but we need to understand the potential risks of doing so.