Integrating privacy into your compliance programme in Israel

25/10/2010

Ra’anana, Israel

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In just one day, you will learn from Israel’s privacy regulators about your legal duties under Israel’s Protection of Privacy Act and how the law is changing, how it is interpreted by the President of the National Labour Court, discuss your issues with specialist lawyers, benchmark your practices against those of in-house counsel from Israel and abroad, and gain the skills to enable you to prepare your own compliance action plan.

Attending this conference will help you reduce your legal risks and costs from failure to comply with the Protection of Privacy Act. The risks result from Israel’s Information and Technology Authority’s (ILITA) stronger enforcement powers and increased enforcement activity in the form of increased fines, audits, proposed data security regulation, and class actions.

Programme

09.00 Registration and coffee

09.25 Welcome
Orly Friedman Marton, Legal Counsel & Corporate Social Responsibility Lead, Microsoft, Israel

09.30 Introduction
Stewart Dresner, Chief Executive, Privacy Laws & Business, United Kingdom

09.40 How Israel’s protection of privacy regime compares with the European Union’s   data protection law model
Dr Omer Tene, Senior Lecturer, School of Law, College of Management, Israel

  1. Data protection on the books
         • Scope and definitions
         • Substantive principles
         • Cross border data flows
         • Individual rights
  2. Data protection on the ground 
         • Enforcement 
         • Empirical evidence 
              -The public sector 
              -Websites 
         • The privacy profession

10.00 Replacing registration with an information management framework
Amit Ashkenazi, Head of the Legal Department, the Israeli Law, Information and Technology Authority (ILITA), Tel Aviv

  1. Elements of good information management according to Israeli law
  2. Information management as an element of accountability
  3. The advantages of good information management compared with ILITA's current registration system
  4. Timetable for change

10.20 The integration of privacy compliance and data security programs with a focus on collection and use of marketing data
Pini Azaria, Advocate, Jacoby, Azaria & Co., Tel Aviv

  1. The effect of recent developments in privacy and related laws on marketing practices
  2. Marketing  regulation - a burden or an opportunity?
         • Devising an efficient compliance strategy
         • Custom made vs. tailor made solutions 
  3. Efficient compliance strategies
         • From data security to data protection
         • Privacy compliance and risk management in marketing practices
         • Using privacy and telecom regulation as an opportunity

10.40 Getting organised to comply with the new anti-spam legislation (Amendment number 40 to the Telecommunications Act)
Dan Or-Hof, Partner, Pearl Cohen Zedek Latzer, Herzelia Pituach

  1. Understanding the law's implications for marketing via e-mail, SMS, fax, and automatic dialling systems.
  2. Definition of a commercial message and rules on who you can send them to
  3. Court decisions on complaints against companies
  4. Unclear provisions and discrepancies in the law.
  5. How to conduct e-mail marketing to prevent spam complaints
  6. How to keep up to date on case law on information privacy and commercial marketing issues.

11.00 Revising the transfer abroad regulations
Amit Ashkenazi, Head of the Legal Department, the Israeli Law, Information and Technology Authority, Tel Aviv

  1. Overview of the current legal requirements on outsourcing and transfers of personal data from Israel 
  2. The contract and accountability options: A comparative view of the European Union, Canadian and Asia-Pacific APEC models for regulating the transfer of personal data abroad tocountries without a comparable privacy legal framework
  3. ILITA's proposals for changing the law on transferring personal data from Israel to other countries based on a position between the EU and the Canadian models
  4. Timetable for change

11.15 Discussion

11.30 Coffee Break

11.55 The challenges of outsourcing and other forms of international transfers via cloud computing
Dr Omer Tene, Senior Lecturer, School of Law, College of Management, Israel

  1. What is cloud computing
  2. Recurring data protection issues
         • Jurisdiction and applicable law
         • Security
         • Disclosure
  3. Contracting in the cloud

12.15 Cloud computing: Challenges and opportunities
Mike Hintze, Associate General Counsel, Microsoft, USA

12.30 Discussion

12.45 Employee issues: Workplace IT use and privacy policy – Planning and results
Gil Granot-Mayer, General Counsel, Yeda Research and Development Co., (Technology Transfer from the Weizmann Institute of Science), Rehovot

  1. Commercial rationale for YEDA's combined Workplace Technological Tools Usage and Privacy Policy and its role in protecting YEDA's intellectual property assets
  2. Defining the scope of the policy
  3. Winning employees' acceptance of the policy and securing their written agreement to comply with these terms
  4. Data retention policy and the need to preserve evidence
         • Responding to requests for discovery in the context of civil litigation,
           most often under US E-Discovery requests
         • Responding to requests for information in the context of enquiries
           regarding employment issues, such as harassment
         • Responding to requests for information in the context of criminal law
           enquiries from the police or national security agencies
  5. Updating the policy in the light of experience

13.05 The role of Israel's National Labor Court in resolving cases involving the protection  of privacy in the work place
Judge Stephen J. Adler, President, National Labor Court, Jerusalem
 
13.35 Discussion

13.45 Lunch

14.45 Enforcing the privacy law
Mili Bach, Head of the Enforcement and Investigations Department, ILITA, Tel Aviv

  1. ILITA’s informal guidance 
  2. ILITA's civil and criminal investigation powers
  3. Sanctions now and in the future

15.05 Discussion on enforcing privacy law in Israel

15.15 Current experience and future prospects for class actions in privacy cases
Dan Hay, Advocate, Dan Hay & Co. Ramat Gan, and Chair, Privacy Committee, Israel’s Bar Association
Noam Shechner, Advocate, I. Aviram & Co., Ramat Gan

  1. Need to be aware of the high risk of a class action in a privacy case (Dan Hay)
  2. How the consumer class action law is used in privacy cases (Noam Shechner)
  3. The class action process (Noam Shechner)
         • Selecting the appropriate court
         • The basis for calculating monetary and non-monetary damages
         • Negotiating a settlement
  4. The importance of stopping the damage (Dan Hay)
         • Whether to admit fault?
         • The need for a operational response
         • Presenting your case in the media
  5. Negotiating a formula for distributing the damages (Noam Shechner)
  6. What can we learn from the SMS case? (Dan Hay)

15.45 Discussion on the scope for class actions in Israel

15.55 Close of plenary session
Stewart Dresner, Chief Executive, Privacy Laws & Business, United Kingdom

16.00 Parallel session options

  1. Managing conflicting data protection/privacy law requirements in banking: Banking secrecy, anti-money laundering, data sharing and other conflicts
    Viviennne Artz, Managing Director, Head of Intellectual Property and Technology Legal (International), Citi, London
  2. Consent for clinical trials: Bringing privacy values into the ethical approval process
    Aryeh Friedman, Chief Privacy Officer, Vice President and Assistant General Counsel, Pfizer Inc. USA
  3. Communicating with children online
    Eyal Roy Sage, Advocate, Amar Reiter Jeanne Sage Cohen & Co., Ramat Gan
    Orly Friedman Marton, Legal Counsel & Corporate Social Responsibility Lead, Microsoft, Israel

17.00 Close of parallel sessions and conference