News stories posted during October 2011
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06/10/2011
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Swedish DPA warns about DP risks involved in cloud services Colombia’s data protection law approved by the Constitutional Court Canadian bill introduces mandatory data breach notification 1. Swedish DPA warns about DP risks involved in cloud...
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26/09/2011
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DP regime proposed in Singapore: Bill expected in early 2012 Article 29 Working Party sceptical over advertising industry’s Self-Regulatory Code Costa Rica adopts a DP law PL&B publishes comprehensive table of privacy laws in 76 jurisdictions...
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16/08/2011
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Hungary adopts new data protection law Important amendments to Russia’s DP law Consultation on data breach notification EU writes to countries that fail to implement e-Privacy 1. Hungary adopts new data protection law Hungary’s legislature adopted...
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14/07/2011
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Nordic DPAs question Facebook on privacy Mexico consults on regulations Netherlands’ cookie clause stricter than EU Directive requires Peru adopts data protection law Sweden: Cookie clause in force 1 July Hungary submits new Data Protection Bill a...
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14/06/2011
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Qatar consults international privacy experts on innovative privacy law Peru: Congress approves DP Bill US aims for federal data breach law Ireland sees 350% increase in data breach notifications 1. Qatar consults international privacy experts on...
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16/05/2011
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Obama administration proposes US federal data breach law EU consults on cloud computing Disney subsidiary to pay $3 million COPPA fine in the USA Canadian bill fails, Commissioner calls for substantial fines 1. Obama administration proposes US...
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11/04/2011
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CNIL’s new enforcement and audit strategy announced at PL&B’s Privacy Officers Network Roundtable with the CNIL in Paris EU Article 29 Data Protection Working Party finds New Zealand adequate New agreement on RFID use DP Authorities call for...
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23/03/2011
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France: CNIL fines Google a record 100,000 euros for Streetview, Latitude EU Justice Commissioner outlines DP reforms US FTC gives evidence on Do-Not-Track 1. France: CNIL fines Google a record 100,000 euros for Streetview, Latitude On 17 March...
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01/02/2011
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New infringements and fines adopted under Spain’s Data Protection Law Portugal’s Data Protection Authority implements an electronic notification system Portugal’s Data Protection Authority states its position on the Agreement for the sharing of...
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20/01/2011
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Online Behavioural Advertising: Compliance seal to be introduced France: Companies to be publicly named and shamed Binding Global Codes suggested as a solution to data transfers outside the European Economic Area Spain: Google to go to court over...
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22/12/2010
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US Department of Commerce proposes Canada adopts law on online data protection German DPAs set minimum requirements for DPOs More detail needed for EU Data Protection Directive revision US FTC: Self-regulation has failed to provide meaningful...
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03/11/2010
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Privacy Commissioners adopt Privacy by Design resolution Commissioners accept FTC and Mexico as new members EU publishes its plans for revision of the Data Protection Directive 1. Privacy Commissioners adopt Privacy by Design resolution The...
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21/10/2010
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EU approves Israel's Adequacy Status Google Wi-Fi: Spain takes Google to court, Canada asks for improvements by February 2011 EDPS comments on EU law enforcement DP review Uruguay adequate, says EU Art. 29 DP Working Party 1. EU approves Israel'...
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03/09/2010
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Germany’s Federal Government approves new Bill on employee data Enforcement network strengthened by new DPA members US Federal Trade Commission joins the Asia Pacific Privacy Authorities Forum EU Art. 29 DP Working Party adopts opinions on RFID, a...
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20/08/2010
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Changes to Spanish Decree Revision of the European Union’s Data Protection Directive on track Hong Kong Commissioner may investigate telecoms companies 1. Changes to Spanish Decree Spain’s Supreme Court decided in July to void three articles in th...
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26/07/2010
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Asia-Pacific Enforcement network launched 1. Asia-Pacific Enforcement network launched Following several DP Commissioners’ move to start a Global Privacy Enforcement Network, some Asia-Pacific countries have now, on 16 July, launched a Cross-Borde...
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14/06/2010
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Germany prepares amendment to DP Act on employee data Taiwan passes amendments to DP Act Swiss-US pact to disclose personal banking details rejected by Swiss parliament EU Data Protection Working Party requires opt-in for cookies Switzerland agree...
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21/05/2010
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Exports from Germany of personal data under the United States Safe Harbor now face obstacles from the regulators DPAs suspect that Google’s wireless data collection and retention practices in breach of DP law Facebook replies to critics 1. Exports...
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12/04/2010
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Liechtenstein Court sets multi-million precedent for data breach liability HSBC Swiss data breach Landmark Israeli Supreme Court Case: Online anonymity is a constitutional right New Zealand’s Law Commission wants new privacy laws Privacy...
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01/03/2010
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EU Article 29 DP Working Party publishes opinion on processor and controller 1. EU Article 29 DP Working Party publishes opinion on processor and controller The European Union’s Art. 29 Data Protection Working Party, (the group of national Data...
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02/02/2010
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European Union set to revise the DP Directive New EU controller-processor contractual clauses 1. European Union set to revise the DP Directive Incoming EU Justice Commissioner Viviane Reding has announced plans to modernise the EU Data Protection ...
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14/01/2010
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Israel and Andorra receive positive assessment on adequacy from EU Art. 29 DP Working Party China: data protection construed as tort 1. Israel and Andorra receive positive assessment on adequacy from EU Art. 29 DP Working Party The European Union’...
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24/11/2009
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EU and US to sign secret SWIFT agreement before 1 December 1. EU and US to sign secret SWIFT agreement before 1 December The EU and the US are racing to sign an agreement for the US to see EU banking details before the Lisbon Treaty gives the...
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06/11/2009
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eBay’s BCR application approved 1. eBay’s BCR application approved 14 EU Data Protection Authorities have approved eBay’s Binding Corporate Rules application. The BCR’s, which apply both to customer and employee data, were formally approved by the...
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30/10/2009
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Deutsche Bahn fined 1.1 million Euros for employee monitorin 1. Deutsche Bahn fined 1.1 million Euros for employee monitoring On 19 October the Berlin data protection commissioner, Otto Dix, imposed a fine of 1.1 million Euros on Deutsche Bahn, th...
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22/10/2009
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Financial police help Italy’s DPA to use its strong enforcement powers EU lobbyists must be named South African data protection bill introduced Hong Kong consults on a review of the Personal Data (Privacy) Ordinance New Zealand publishes guidance ...
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24/09/2009
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UK ICO approves Hyatt Hotels’ Binding Corporate Rules application EU Data Protection Supervisor’s annual report addresses privacy issues relevant to all sectors 1. UK ICO approves Hyatt Hotels’ Binding Corporate Rules application The UK Informatio...
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15/09/2009
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FTC takes enforcement action on Safe Harbor breach Germany publishes draft Employee Data Protection Act France proposes data breach notification Netherlands, Spain now have tighter TPS rules Denmark issues guidance on whistleblowing lines Swiss...
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17/07/2009
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Germany amends data protection law French “three strikes” law unconstitutional Swedish privacy party elects Member of European Parliament 1. Germany amends data protection law On 10th July, the second chamber of Germany’s legislature passed...
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05/06/2009
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Morocco adopts data protection law US Safe Harbor reinforced President Obama announces Cybersecurity Co-ordinator office, to include privacy officer Guatemala enacts FOIA Chile enacts FOIA 1. Morocco adopts data protection law Morocco adopted a da...
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29/05/2009
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India: new law on liability for personal data breaches Three more EU Member States Join BCR Mutual Recognition Club EU acts against Sweden on data retention 1. India: new law on liability for personal data breaches In February India adopted a new...
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11/05/2009
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European Parliament adopts legislative resolution on data breach amendments to the European Union’s E-Privacy Directive for all sectors and all types of data 1. European Parliament adopts legislative resolution on data breach amendments to the...
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01/05/2009
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UK’s Information Commissioner approves Atmel’s and Accenture’s Binding Corporate Rules in successive weeks EU starts legal action against UK over Phorm EU close to data breach notification law France: close to adopting law to cut off Internet for...
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18/03/2009
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Yahoo fined by Belgian court for refusing to disclose personal data EU Art. 29 DP WP publishes decision on data controller to data processor standard contractual clauses for international transfers European Court of Justice orders disclosure of...
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19/02/2009
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Swiss Court rules for DP Commissioner with restraining order against Dun & Bradstreet Swiss/US Bilateral Safe Harbor agreement now in force EU Art. 29 DP Working Party adopts strong Opinion on broadening the scope of EU data breach proposals EU Ar...
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11/02/2009
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Google executives face criminal charges in Italy 1. Google executives face criminal charges in Italy Four Google executives are facing criminal charges in Italy for failing to control information posted to Google which included a video of teenager...
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29/01/2009
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European Data Protection Supervisor adopts Opinion on ePrivacy Directive review, and security breach notification US Heartland Payment Systems admits illegal access to its customers’ credit card information Sony BMG Fined $1 million for Violating ...
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24/12/2008
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Peter Hustinx reappointed as EU Data Protection Supervisor and Giovanni Buttarelli appointed as Assistant EU DP Supervisor 1. Peter Hustinx reappointed as EU Data Protection Supervisor and Giovanni Buttarelli appointed as Assistant EU DP Superviso...
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22/12/2008
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Switzerland joins the EU in accepting the US Safe Harbor Framework EU Art. 29 Data Protection Working Party announces four more countries for its Binding Corporate Rules mutual recognition procedure 1. Switzerland joins the EU in accepting the US...
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16/12/2008
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US Safe Harbor found to present privacy risks to consumers Society for Worldwide Interbank Transfers (SWIFT) approved by Belgian DPA EU DP Superivisor says IP addresses are protected Israel’s new anti-spam law now in force 1. US Safe Harbor found ...
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08/12/2008
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European Court of Human Rights rules that the United Kingdom’s DNA storage violates privacy right 1. European Court of Human Rights rules that the United Kingdom’s DNA storage violates privacy right A Grand Chamber of 17 judges of the European Cou...
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21/11/2008
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US President-elect Obama states his policies on privacy and transparency Large Australian fine for ignoring the Do Not Call Register Israeli database bill introduced European Commission appoints group to advise on its review of the EU Data...
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28/10/2008
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DP Commissioners call for global rules US SEC fines broker-dealer Deutsche Telekom leaks customer data Germany's new national data protection amendments Uruguay gets new DP law EU data retention directive is legal, probably Spanish DP authority...
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08/10/2008
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Article 29 WP announces 9-country mutual recognition BCR club French tax searches breach European Convention on Human Rights, again Article 29 Data Protection Working Party has many doubts about US electronic visas Google reduces data retention...
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01/08/2008
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Council of Europe DP Treaty now open to non-European countries EU in Negotiations with US to hand over more personal data Japanese DP Law does not give private right of access to personal data 1. Council of Europe DP Treaty now open to non-Europea...
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23/07/2008
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Israel announces twinning programme with Spain EU DP Working Party endorses speedier BCRs Strasbourg Court rules against British telephone-tapping 1. Israel announces twinning programme with Spain On 20th July, Israel’s Data Protection Authority...
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08/05/2008
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Turkey’s legislature to debate a government data protection bill 38 million Italian tax returns published on-line CNIL orders shut down of France’s new police database 1. Turkey’s legislature to debate a government data protection bill Turkey’s...
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30/04/2008
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EU Data Protection Supervisor supports data breach notification and legal action against spammers EU Article 29 Working Party sets short retention limit for search engines Online Rating of Employers – a Beginning? French court bans teacher rating...
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22/02/2008
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Art. 29 DP Working Party decides that IP addresses are personal data European Court decides on copyright vs. privacy right 1. Art. 29 DP Working Party decides that IP addresses are personal data The Art. 29 Data Protection Working Party (the group...
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12/02/2008
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China proposes a Data Protection Bill European Court decides on copyright vs. privacy right France’s CNIL enters conflict between EU privacy laws and US information demands Data Protection Authorities generally in favour of national data breach la...
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24/01/2008
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European Court orders access over national veto EU Treaty confirms data protection and freedom of information Spain adopts new data protection regulation 1. European Court orders access over national veto The European Court of Justice, on 18th...
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14/12/2007
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Lobbyists must be named - EU court rules that names of those attending meetings with the European Commission must be named 1. Lobbyists must be named - EU court rules that names of those attending meetings with the European Commission must be name...
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22/11/2007
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The Netherlands Announces Binding Corporate Rules Innovation 1. The Netherlands Announces Binding Corporate Rules Innovation Developments to improve BCRs and outsourcing were announced at a meeting in The Hague of the Privacy Laws & Business...
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08/11/2007
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Netherlands proposes heavy fines for ignoring stricter website rules SWIFT: Surprise decision by the Spain’s Data Protection Agency on its data processor status 1. Netherlands proposes heavy fines for ignoring stricter website rules The Netherland...
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05/10/2007
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SWIFT announces new operating centre in Switzerland to avoid DP problems 1. SWIFT announces new operating centre in Switzerland to avoid DP problems SWIFT, the international financial communications body with headquarters in Belgium, has announced...
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20/09/2007
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Luxembourg lightens data protection law 1. Luxembourg lightens data protection law On 1 September, Luxembourg modified its data protection law, removing some obligations to notify data processing to the CNPD (the national data protection authority...
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12/09/2007
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New Zealand Privacy Commissioner Launches Draft Security Breach Guidelines 1. New Zealand Privacy Commissioner Launches Draft Security Breach Guidelines New Zealand Privacy Commissioner Marie Shroff has published a draft guide to help the public a...
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20/07/2007
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SWIFT joins US Safe Harbor today 1. SWIFT joins US Safe Harbor today SWIFT announced today that to respond to EU criticisms on its privacy policies, it has joined the US Safe Harbor and plans to move its mirror operating site from the US to Europe...
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28/06/2007
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The Art. 29 Data Protection Working Party discusses SWIFT, search engines’ retention policies and the definition of “personal data” Argentina appoints a new Data Protection Commissioner 1. The Art. 29 Data Protection Working Party discusses SWIFT,...
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15/06/2007
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Privacy International criticises web company’s privacy policies Spain’s largest ever data protection law fine European Commission reviews Argentina’s adequacy status 1. Privacy International criticises web company’s privacy policies Privacy...
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06/06/2007
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Dubai’s Data Protection Commissioner demands registration by 30th June 1. Dubai’s Data Protection Commissioner demands registration by 30th June Dubai is moving quickly to put its data protection regime fully into effect. First came the law (PL&B...
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10/05/2007
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France’s CNIL Fines Tyco Healthcare for giving false information and non-cooperation European Court of Human Rights gives judgment on an employer’s monitoring of an employee’s personal communications Italy’s DPA issues legally binding rules on...
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12/02/2007
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Dubai Announces New Data Protection Law 1. Dubai Announces New Data Protection Law The Dubai International Financial Centre, in the United Arab Emirates, has a new data protection law, which entered into force on 8 January 2007. The law, designed...
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09/02/2007
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EU Data Protection Supervisor Rules on SWIFT Secret Data Protection Breaches 1. EU Data Protection Supervisor Rules on SWIFT Secret Data Protection Breaches Peter Hustinx, the European Data Protection Supervisor, adopted an opinion on 1 February...
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21/12/2006
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Luxembourg users of SWIFT assure DPA of compliance with EU DP law 1. Luxembourg users of SWIFT assure DPA of compliance with EU DP law As a follow up to the previous international e-news (November 27th) and report in the December edition of Privac...
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27/11/2006
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EU stops banks sending data to USA 1. EU stops banks sending data to USA The EU's Art. 29 Data Protection Working Party (consisting of the 25 member states's Data Protection commissioners) has told European Banks and SWIFT, which handles...
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17/11/2006
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Belgian Data Protection Authority finds SWIFT in Breach of DP Law World Data Protection Commissioners urge action Inter-American Court Rules on Right to Know in Convention 1. Belgian Data Protection Authority Finds SWIFT in Breach of DP Law The...
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13/10/2006
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Italy’s Data Protection Authority stops TV show on politicians' drug use $1million fine for US child privacy violation France’s CNIL uses its new fining power for the first time (update) US and EU reach interim PNR pact 1. Italy’s Data Protection...
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05/10/2006
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1. France’s CNIL uses its new fining power for the first time 2. Canadian Supreme Court Calls for Stronger Privacy Commissioner Powers 3. Russia’s new DP law to enter into force in February 2006 1. France’s CNIL uses its new fining power for the...
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08/08/2006
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Russia adopts European-style data protection law 1. Russia adopts European-style data protection law Russia has joined the European data protection club and adopted a ‘need to know’ freedom of information act. On the last two days of its session, ...
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24/07/2006
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SWIFT Interbank financial network responds to US regulator’s secret demand for data EU Art. 29 DP Working Party provides clarification to USA’s SEC on whistleblowing UK Information Commissioner issues new guidance on transferring personal data out...
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01/06/2006
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European Court of Justice declares the EU/US air passenger data agreement illegal 1. European Court of Justice declares the EU/US air passenger data agreement illegal The European Court of Justice ruled yesterday that the EU/US agreement approving...
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03/05/2006
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Ireland’s Minister for Justice, Equality and Law Reform drafts new Privacy Bill First Spam decision in Latin America Agencies are not protecting citizens’ security rights, says the US Government Accountability Office European Data Protection...
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01/03/2006
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Art 29 DP Working Party adopts Opinion on whistleblowing schemes PL&B's Washington Director, Jane Horvath, appointed Chief Privacy Officer at US Department of Justice AOL sues gangs in Virginia, USA, over identity thefts, using new law 1. Art 29 D...
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20/02/2006
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Honeywell investigates major security breach Hackers attack Greek government mobile phones ChoicePoint receives largest civil penalty in FTC history Nicole Kidman’s paparazzo avoids giving DNA sample Review of Australian Privacy Act 1998 US Bill...
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30/01/2006
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New Italian law requires Internet cafes to record ID information on clients Australia to introduce legislation to aid information exchange in an emergency Federal Trade Commission releases progress report on US Congress’s antispam law Google fight...
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28/11/2005
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The European Court of Justice’s Advocate General calls for annulment of European Council and Commission decisions regarding airline passenger data Medical records must not be used as film props France’s CNIL publishes new regulations on...
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12/09/2005
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Australian Privacy Commissioner calls for review of Privacy Act Argentine court permits webcam Germany: Instant dismissal for private use of the internet during working hours 1. Australian Privacy Commissioner calls for review of Privacy Act...
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14/07/2005
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France’s CNIL refuses to authorize whistle-blowing to US HQs Sweden responds to the changing interface of DP and IT Dutch libraries weigh RFID benefits against privacy threats 40 million credit cards vulnerable to fraud 1. France's CNIL refuses to...
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06/04/2005
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Japan’s data protection comes into force EU approves guidelines for anti-fraud databases Europe urged to promote data protection officers Spain teams up with US in fight against spam US agencies publish security response guidelines 1. Japan’s data...
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17/02/2005
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European regulators launch privacy consultations European Commission mulls internal privacy restructuring Hungary’s privacy chief speaks out against data protection law Europe launches anti-spam initiative Former Sonera executive face illegal...
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14/01/2005
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EU to toughen up privacy controls Industry data transfer contracts get official approval Dutch regulator levies record spam fines 1. EU to toughen up privacy controls Data Protection Authorities across Europe have promised to get tough on...
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29/10/2004
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EU backs business-friendly data transfer contracts 1. EU backs business-friendly data transfer contracts The European Commission is expected shortly to give official backing to a new set of contractual clauses that will help businesses meet their...
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27/10/2004
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Safe Harbor privacy programme flawed says EU report UK set to respond to European Commission charges Telecoms operators cannot hide behind data protection law Ontario prepares for health privacy law 1. Safe Harbor privacy programme flawed says EU...
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13/10/2004
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European regulators rethink data protection strategy Verizon wins privacy protection case British Columbia toughens privacy law California governor terminates privacy bills 1. European regulators rethink data protection strategy The EU's Data...
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03/09/2004
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Indian outsourcing firms to undergo security checks California legislature approves outsourcing bill More US consumers asserting privacy rights Australian Privacy Commissioner investigates inaccurate credit records 1. Indian outsourcing firms to...
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08/11/2011
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The US Federal Trade Commission, FTC, is seeking comments on proposed revisions to Children’s Online Privacy Protection Rule. The FTC’s Rule implements the Children’s Online Privacy Protection Act (COPPA), which provides protection for the...
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08/11/2011
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A spokesperson at the Irish Data Protection Commission told PL&B on 7 November that the office commenced a comprehensive audit of Facebook Ireland at the end of October. ‘This will assess Facebook's compliance with the requirements of the Irish...
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10/11/2011
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EU Justice Commissioner Viviane Reding confirmed on 7 November that the timetable for publishing proposals on the revision of the EU Data Protection Directive has been delayed, and proposals will be ready by the end of January 2012. Reding and...
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17/11/2011
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The United States Federal Trade Commission (FTC) has welcomed the approval of APEC cross-border-privacy rules by APEC (Asia-Pacific Economic Cooperation) members in meeting in Hawaii on 13 November. The APEC privacy system aims at harmonising...
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30/11/2011
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According to a 24th November decision by the European Court of Justice (ECJ), Spain’s data protection secondary regulations are not in compliance with the EU Data Protection Directive. The case, which was brought by ASNEF (National Association of...
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08/12/2011
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The draft proposal of the EU Commission, leaked to the press at the beginning of December, proposes a General Data Protection Regulation, thus repealing EU Data Protection Directive 95/46, and a Police and Criminal Justice Data Protection Directiv...
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22/12/2011
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In response to the audit conducted on Facebook Ireland (FB-I) by Ireland’s Data Protection Commissioner, FB-I has committed to either implement, or to consider positively, specific “best practice” improvements. A key focus of the audit was to...
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03/01/2012
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Andrea Klara Soos (Attorney-at-law, Sooslaw, Budapest, Hungary, E-mail: andrea.soos@sooslaw.hu ) writes that Hungary replaced its Labour Code with a new legislation (“NLC”) which will enter into effect from 1 July 2012. The NLC’s purpose is to mak...
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03/01/2012
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Andrea Klara Soos (Attorney-at-law, Sooslaw, Budapest, Hungary, E-mail: andrea.soos@sooslaw.hu ) writes that Hungary has adopted a new data protection act with effect from 1 January 2012 (the “Info Act”) and is establishing a new authority for the...
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11/01/2012
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The regulations of Mexico’s Federal Law for the Protection of Personal Data entered into force on 22 December 2011. The regulations deal with data subjects’ rights, security and breach notification provisions, cloud computing, consent and notice...
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19/01/2012
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The EU Commission has concerns over the independence of Hungary’s data protection authority. The Commission’s view is that the current law which creates a new National Authority for Data Protection, replacing the Data Protection Commissioner...
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25/01/2012
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The European Commission proposes more accountability – no general notification duty – but bigger fines for non-compliance in the official proposals published today by the European Commission. The highest fine that was being planned, 5% of annual...
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08/02/2012
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The Confederation of European Data Protection Organisations (CEDPO), established in September 2011, welcomes the introduction of Data Protection Officers (DPOs) for EU Member States, as proposed by the European Commission’s draft Data Protection...
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16/02/2012
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Malaysia’s Information, Communications and Culture Minister, Datuk Seri Dr Rais Yatim, announced on 9 February that the Personal Data Act 2010 will be enforced from June 2012. According to Malaysia’s national news agency, Bernama, the minister mad...
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17/02/2012
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EPIC, the Electronic Privacy Information Center, based in the US, has sued the Federal Trade Commission (FTC) in an attempt to compel the FTC to act prior to 1 March, when Google plans to make changes to its terms of service so that individuals...
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20/02/2012
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Spain's Supreme Court, which had submitted a question for a preliminary ruling to the European Court of Justice (ECJ) on the criteria for the processing of personal data without consent, has now declared void Article 10.2.b of the Spain's data...
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24/02/2012
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The Obama administration has issued a Consumer Privacy Bill of Rights with the aim of extending privacy protection to commercial sectors that are not subject to existing Federal data privacy laws. The Bill is based on Fair Information Practice...
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28/02/2012
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Isabelle Falque-Pierrotin, President of France's Data Protection Authority, the CNIL, on behalf of the EU's Article 29 Data Protection Working Party, says that Google’s new privacy policy does not meet the requirements of the EU Data Protection...
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19/03/2012
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The Belgian Data Protection Authority (DPA) approved, mid-March, J.P Morgan’s Binding Corporate Rules (BCR) application for its international transfers. This was made possible by a protocol agreed between the DPA and the Belgian Ministry of Justic...
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21/03/2012
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There are common principles at the heart of both systems, says a joint statement issued at a high level EU Conference on ‘Privacy and Protection of Personal Data’, held on 19 March. The statement, issued by EU Commission’s Vice-President Viviane...
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29/03/2012
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The EU Data Protection Authorities says that a 24-hour limit for breach notification, as proposed in the EU DP Regulations, could, under certain circumstances, not be feasible. The DPAs propose a 2-stage process where the controller would notify...
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18/04/2012
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The Philippines Senate passed on 20 March the Data Privacy Act, which is now waiting for reconciliation between the two Houses before it can be enacted. The Senate Bill covers both private and public sectors, and provides an exemption for the...
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08/05/2012
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Speaking at the European Data Protection Commissioners’ Spring Conference in Luxembourg on 3 May, EU Justice Commissioner, Viviane Reding, explained that the large number of delegated acts in the EU proposals for a Data Protection Regulation leave...
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10/05/2012
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The Myspace social network has agreed to regular, independent privacy audits for the next 20 years as required by a settlement with the US Federal Trade Commission (FTC). The FTC found that the company’s privacy policy was misleading. Myspace wa...
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12/06/2012
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The EU Data Protection Authorities have analysed the exemptions to the requirement for informed consent in the e-Privacy Directive, and conclude that some cookies can be exempted from informed consent under certain conditions, if they are not used...
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19/06/2012
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Facebook Inc has agreed to settle a California lawsuit by paying $10 million to charity. Facebook was accused by five Facebook members of violating user rights in terms of them not having full control of their own names, photographs and likenesses...
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21/06/2012
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As the EU Data Protection draft Regulation specifically mentions Binding Corporate Rules (BCR) for processors or 'Binding Safe Processor Rules (BSPR)’, the EU Data Protection Authorities have now adopted a working document on this topic. This...
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26/06/2012
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The Council Presidency’s note of 22 June to the Working Party on Data Protection and Exchange of Information reveals that almost all Member States’ delegations would like to see fewer delegated acts in the proposals. Also, several Member States sa...
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06/07/2012
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Just a month after the EU Article 29 Data Protection Working Party adopted its Working Document on Processor Binding Corporate Rules, First Data announced at the Privacy Laws & Business 25th Annual International Conference this week that it has...
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14/08/2012
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The US Federal Trade Commission (FTC) has imposed its biggest ever fine on Google. Users of Apple’s Safari browser who had a "do not track" privacy setting selected were still being monitored, according to the FTC. According to the FTC’s complaint...
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15/08/2012
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Following a public comment period, the US Federal Trade Commission (FTC) has accepted as final a settlement with Facebook which says the company shall not misrepresent in any manner the extent to which it maintains privacy or security for personal...
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23/08/2012
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An independent review into to the privacy breach by the Accident Compensation Corporation (ACC) says that while the breach was a result of a genuine error, it happened due to systematic weaknesses within ACC’s culture, systems and processes. A...
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05/09/2012
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The European Commission issued its decision on 21 August on Uruguay’s adequacy for transfers of personal data from the European Union (Official Journal L 227, 23/08/2012). The Commission says that the legal standards for the protection of personal...
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21/09/2012
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Ireland's Data Protection Commissioner, Billy Hawkes, says that he is satisfied with the great majority of steps that Facebook Ireland (FB-I) has taken to follow his best practice recommendations. The DPA’s report on its re-audit of Facebook,...
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28/09/2012
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The EU’s Data Protection Working Party has analysed the extent to which the Monaco DP regime fulfils the requirements for data transfers under the EU Data Protection Directive, and says that Monaco's DP law provides an adequate level of protection...
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11/10/2012
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The EU Art.29 Data Protection Working Party says that it is necessary to adopt a broad definition of personal data in the proposed EU DP Regulation framework. The group suggests that identification numbers, location data, online identifiers or oth...
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16/10/2012
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Singapore's parliament passed a personal data protection bill on 15 October, reports Chinadaily.com.cn. The bill, which applies to the private sector, is set to become law in January 2013, with enforcement to begin 18 months later. Singapore will...
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16/10/2012
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Google’s controversial changes introduced in March to its European privacy policy have again been met with resistance by the EU Data Protection Authorities. The DPAs says that Google's privacy policy provides incomplete information and makes...
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30/10/2012
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The Netherlands’ Independent Post and Telecommunications Authority (OPTA) has issued a decision according to which an opt-in consent for third-party commercial emails is only valid if the third parties are specified, as well as the type of data th...
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07/11/2012
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Spain’s national Data Protection Authority, the Agencia Española de Protección de Datos (AEPD), announced on 25th September that it imposed fines of 19,597,906 Euros in 2011. In the most recent years for which data is available, Spain’s fines...
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20/11/2012
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A US federal judge in San Francisco on 16th November approved the $22.5 million civil penalty imposed on Google, reports Associated Press. This penalty was announced in August as a settlement between the Federal Trade Commission (FTC) and Google...
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30/11/2012
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The UK parliamentary enquiry into culture, practices and ethics of the press, the so called Leveson enquiry, recommends the creation of an independent self-regulatory body, governed by an independent board. Importantly, the Report calls for jail...
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03/12/2012
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Malaysia's Personal Data Protection Act 2010 (PDPA) will finally come into force on 1 January 2013, according to reported statements by the Minister of Information, Communications and Culture of Malaysia, Datuk Seri Rais Yatim. From that date, it...
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06/12/2012
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The EU Data Protection draft Regulation proposes a one-stop-shop so that companies running a business in more than one EU Member State may, in future, work to one's country's interpretation of the Regulation. The country would be where the company...
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20/12/2012
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The European Commission announced on 19th December that it had on that day recognised New Zealand’s Privacy Act as “adequate”. This decision follows more than 10 years of studies, the first of which was conducted by Privacy Laws & Business. These...
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31/12/2012
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Data processors will be able to make use of Binding Corporate Rules (BCRs) for processors from 1 January 2013 in order to facilitate international data transfers. While the EU Data Protection Authorities’ Article 29 Data Protection Working Party...
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03/01/2013
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Ireland's Data Protection Commissioner, Billy Hawkes, has written to some 80 websites, asking them to provide information on the steps that they have taken to meet the so called "cookie" obligations. The list of companies includes many household...
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18/01/2013
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An informal European Union justice ministers’ meeting taking place today in Dublin is discussing areas where the Irish presidency to the Council of the European Union sees scope for changes. The presidency says that the following issues should be...
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23/01/2013
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China’s Ministry of Industry and Information Technology (MIIT) in Beijing announced on 21st January that a non-binding guideline urges organisations collecting personal data to obtain permission before collecting and using an individual’s personal...
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31/01/2013
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WhatsApp is in breach of data protection law, Canadian and Dutch data protection authorities have revealed. The Office of the Privacy Commissioner of Canada (OPC) and the Dutch Data Protection Authority say that the app violates their privacy laws...
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05/02/2013
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The US Federal Trade Commission (FTC) has imposed an $800,000 fine on Path, a social networking service. Path was allegedly collecting children's personal information without their parents’ consent, which is a breach of the Children’s Online Priva...
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10/02/2013
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The EU Commission issued on 7 February a draft Directive for cyber security. The draft, entitled Directive on Network and Information Security, would oblige market operators and public administrations to report incidents that have a significant...
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21/02/2013
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The EU Data Protection Authorities (DPAs) are to decide in their meeting on 26 February about starting joint enforcement action against Google for the faults in the company’s new Privacy Policy. The DP Commissioners aim to establish a working...
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22/02/2013
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The Dutch Data Protection Authority (DPA) published, on 19 February, new guidelines on the security of data processing. The new guidelines contain instructions on how to implement the security principles in practice, reports law firm Bird & Bird....
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27/02/2013
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Ireland's Data Protection Commissioner, Billy Hawkes, has announced that he will audit major social media companies. Ireland has a significant responsibility for the rest of Europe, as many of these companies have located their European headquarte...
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01/03/2013
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The EU draft DP Regulations should take a more risk-based approach, the EU Data Protection Authorities (DPAs) say. The EU Art. 29 DP Working Party considers that some of the provisions in the proposed Regulation may pose a burden on some...
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08/03/2013
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Evernote, a web-based app to organise and store business and personal data, revealed on 5 February that hackers had gained access to the personal information of more than 50 million of its users. The information lost included encrypted password...
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14/03/2013
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The EU Commissioner for Justice, Fundamental Rights and Citizenship, Viviane Reding, says that while explicit consent is one of the cornerstones of the proposal for a new EU DP framework, it is nothing new. “The current Directive states since 1995...
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19/03/2013
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The EU Data Protection Authorities (DPAs) say that in most cases, data controllers’ will have to rely on individuals’ consent as a legal basis for the processing of their personal data, and that consent needs to be obtained before the app starts t...
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22/03/2013
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France’s Data Protection Authority, the CNIL, announced on 19 March that it aims to conduct some 400 inspections in 2013, reports law firm, Bird & Bird, Paris. A third of them will result from complaints received. CCTV will feature heavily as a...
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05/04/2013
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The EU Art. 29 Data Protection Working Party announced at the end of March that there had been discussions in Jakarta, Indonesia, at the end of January and the beginning of March to find a common approach between the EU’s Binding Corporate Rules a...
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12/04/2013
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The EU Member States' Data Protection Commissioners say that individuals’ consent is almost always needed for using personal data for Big Data operations, for example, detecting trends or individuals’ behaviour and attitudes. Consent should be fre...
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17/04/2013
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On 12 April 2013 the Council of Europe announced that Uruguay's accession to Convention 108 (and to its Additional Protocol) was complete. It will enter into force regarding Uruguay on 1 August 2013, making it the 45th state to become a party, and...
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22/04/2013
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The German city state of Hamburg has today issued a fine of 145,000 euros on Google for its data collection during Street View operations. The DPA says that the company collected personal data during 2008-2010 through unencrypted Wifi connections....
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25/04/2013
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In the hearing organised by US Senate Commerce Committee yesterday, its Chairman, Senator John D. Rockefeller, said that Do-Not-Track needs to become a reality, either voluntarily or through legislation. “It is now April 2013, and consumers are...
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09/05/2013
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Data Protection Authorities from around the globe are this week organising an “Internet Privacy Sweep” to examine the transparency of companies’ websites. The initiative will help enforcement authorities to identify sites or apps which may warran...
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10/05/2013
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The lead rapporteur for the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) announced at a LIBE meeting on 6 May that the committee’s vote on the draft DP Regulation will be delayed due to around 3,000 amendment...
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14/05/2013
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The office of the Russian President, Vladimir Putin, has announced that the president has signed the Federal Law on Amendments to Certain Legislative Acts of the Russian Federation following the Adoption of the Federal Law On Ratification of the...
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21/05/2013
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Singapore's Minister for Communications and Information, Dr Yaacob Ibrahim, has announced that the personal data protection requirements of the Personal Data Protection Act 2012 (PDPA) will enter into force on 2 July 2014. The Do Not Call Registry...
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10/06/2013
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The Council of the European Union, anxious to see progress with the draft EU DP Regulation before the Parliament’s summer recess, is suggesting a compromise deal which takes more of a risk-based approach. With regard to extra-territorial...
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20/06/2013
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DPAs have sent a letter to Google inviting the company to provide further information about Google Glass. The letter, sent by Canada’s Privacy Commissioner Jennifer Stoddart, and signed on behalf of the Article 29 Working Party by Chairman Jacob...
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24/06/2013
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France’s DPA, the CNIL, has ordered Google to comply with France’s Data Protection Act within three months or otherwise it will impose sanctions on the company of up to up to 150,000 euros. Spain’s DPA has similarly warned Google that it could fac...
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05/07/2013
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A leaked document sent on 21 June from the Irish Presidency of the EU Council of Ministers to the Data Protection Working Party on Information Exchange and Data Protection (DAPIX) reveals that the administrative fines in the planned EU DP regulati...
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22/07/2013
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The Digital Advertising Alliance (DAA) Do-Not-Track proposal has been rejected by the World Wide Web Consortium (W3C) that is seeking to design a solution that would let users block online "tracking" at browser level. DAA, an US industry...
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23/07/2013
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The Brazilian government is again discussing the possibility of creating a data protection agency and a data protection regulation. According to Pablo Palazzi, a solicitor at Allende & Brea, Buenos Aires, Argentina, the Data Protection Bill, draft...
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31/07/2013
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China’s Ministry of Industry and Information Technology (MIIT) passed the Telecommunications and Internet Personal User Data Protection Regulations on 28 June 2013, to take effect on 1 September 2013. The MIIT has previously issued Regulations in...
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08/08/2013
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In a dramatic move to highlight the excessive surveillance by foreign intelligence services, Germany’s Data Protection Authorities have declared that until their Federal Government provides a plausible explanation on how to limit this access, new...
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28/08/2013
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South Africa’s Parliament approved the Protection of Personal Information Bill on 22 August. The Parliament issued the following statement: ‘The Bill gives expression to the right to privacy provided for in the Constitution. The right to privacy...
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29/08/2013
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The 35th International Conference of Data Protection and Privacy Commissioners, hosted by Poland, 23-26 September, will discuss, among other things, assessment of risk related to data processing. Dr. Wojciech R. Wiewiórowski, Poland’s Data...
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27/09/2013
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In a resolution adopted at the 35th International DPA conference in Warsaw on 24 September, DPAs from around the world stress that in addition to app developers, providers of operating systems should bear responsibility for privacy on the framewor...
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27/09/2013
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The Data Protection Authorities say that they will further strengthen their cooperation in order to ensure effective enforcement across jurisdictions. Speaking at the DPAs' 35th international conference in Warsaw on 26 September, UK Information...
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07/10/2013
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The Number Use Act 2013 establishes a new and independent Data Protection Authority to be set up in the first half of 2014. The Specific Personal Information Protection Commission will consist of a Chairman and six commission members, and will be...
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08/10/2013
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In a press conference on 7 October, EU Commissioner, Viviane Reding, declared that she is very happy about the progress made at the European Union’s Justice Council meeting. “Today the text [draft Data Protection Regulation] received very strong...
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14/10/2013
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W3C’s (World Wide Web Consortium) working group on a US self-regulatory Do-Not-Track standard may stop its work as it has not been able to make much progress. At a vote, organised between 18 September and 9 October, a small majority of the 43...
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17/10/2013
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The Netherlands government’s proposal for mandatory data breach notification would require all organisations to inform the Dutch DPA of security breaches. According to law firm De Brauw Blackstone Westbroek in Amsterdam, a failure to notify would ...
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01/11/2013
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At last week’s European Council meeting, the UK’s Prime Minister, David Cameron, pushed his counterparts to agree on a 2015 deadline, which could mean that the EU Data Protection Regulation would not be adopted under the current Commission, and th...
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15/11/2013
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Germany and Brazil have called on the United Nations to adopt a resolution about online privacy, reports the Associated Press. According to Associated Press, the draft resolution states that countries must protect the right to privacy as guarante...
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20/11/2013
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Malaysia’s Personal Data Protection Act 2010 (PDPA) was finally brought into force on 15 November 2013, more than three years after it was enacted. A number of Regulations have come into force on the same day. All data users have three months from...
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02/12/2013
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The EU Commission has now reviewed the working of the US Safe Harbor programme on transfers of personal data from the European Economic Area to the US, and says that it will wait until summer 2014 to see whether it will suspend, modify or even...
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02/12/2013
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A law heavily influenced by the EU draft DP Regulation and European DP tradition. Pamela Stein reports. After eight years of deliberations and numerous reviews, South Africa’s first comprehensive data protection law, the Protection of Personal...
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09/12/2013
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As we wait to see whether there will be any progress made by the end of the year, Greece, which will hold the next presidency of the EU, January to June 2014, has announced that it will ensure that data protection is high up on the agenda. On the...
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10/12/2013
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China’s National People’s Congress (NPC) Standing Committee (its second-highest legislative body) has amended the PRC’s Law on the Protection of Consumer Rights and Interests to include provisions on protection of personal information, along with...
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18/12/2013
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An opinion by a judge at the US District Court for the District of Columbia, given on 16 December, says that the mass collection of metadata by the US National Security Agency (NSA) is likely to violate the fourth amendment of the US constitution,...
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19/12/2013
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Andrea Vosshoff is the new Federal Data Protection Commissioner after being elected a few minutes ago by the Bundestag with a majority of 403 votes. She is a CDU (Christian Democratic Union) politician, who sat in the Bundestag, the lower house of...
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09/01/2014
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The CNIL, France’s Data Protection Authority, issued a €150,000 monetary penalty on Google Inc. on 3 January saying that Google’s 2012 single privacy policy, applying to various Google services, does not comply with France’s Data Protection Act....
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16/01/2014
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The European Data Protection Supervisor, Peter Hustinx, has urged the German government to take the lead in trying to ensure that the EU DP reform takes place before the elections of the European Parliament and Commission in May this year. Speakin...
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23/01/2014
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Speaking at the Computers, Privacy and Data Protection conference in Brussels yesterday, Paul Nemitz, Director, Fundamental Rights and Citizenship part of the European Commission, argued that ministers have to take charge now for progressing the...
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28/01/2014
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The stakeholders have agreed on a new deadline, the end of 2014, to give the ministers of the 28 EU Member States in the Justice Council an opportunity to agree on the remaining controversial issues. EU Justice Commissioner, Viviane Reding,...
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10/02/2014
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The Big Data Protection Research Project, sponsored by the Open University Business School, investigates how organisations can leverage big data while respecting individuals' privacy rights. Responses are sought by 28 February 2014. The project...
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17/02/2014
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A draft Bill, scheduled for April, will allow consumer organisations to take businesses to court for non-compliance with Germany’s Data Protection Act, Justice Minister, Heiko Maas, announced on 11 February. Consumer rights organizations in German...
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27/02/2014
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Isabelle Falque-Pierrotin, the President of France’s CNIL was this morning elected as Chair of the EU Art. 29 Data Protection Working Party, the group where the 28 national Data Protection Authorities in the European Union co-ordinate their...
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28/02/2014
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In 2014, the Garante’s investigations will concentrate on especially on overseas call centres and mobile payment systems, Italy’s Data Protection Authority has announced. The inspection plan for the first six months of 2014 is to focus on the area...
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06/03/2014
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At the EU’s Justice and Home Affairs Council meeting on 3 and 4 March, the Justice Minsters had a debate on the proposed EU Data Protection Regulation. They broadly supported the draft provisions regarding the territorial scope of the Regulation,...
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10/03/2014
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The EU Data Protection Authorities and the Asia-Pacific Economic Cooperation (APEC) economies have issued a checklist on the requirements that companies need to consider when applying for authorization of Binding corporate Rules (BCR) and/or...
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27/03/2014
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Following the EU-US summit, President of the European Council, Herman Van Rompuy, said in a statement on 26 March: ‘On the governmental track, we'll have an umbrella agreement on data protection by this summer, based on equal treatment of EU and ...
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31/03/2014
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Law No. 2014-344 of 17 March 2014 amends France’s Data Protection Act giving the Data Protection Authority, the CNIL, the right to perform online checks. The new power allows the CNIL to remotely detect and react to data breaches on the Internet....
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04/04/2014
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Google has agreed to pay the 1 million fine imposed for privacy breaches relating to data collection by unmarked Google Street View cars, Italy’s Data Protection Authority, the Garante, announced on 3 April. The case goes back to 2010 when the...
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10/04/2014
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The European Court of Justice (ECJ) published its decision on 8th April that the removal of Dr. András Jóri from his position as Data Protection and Freedom of Information Ombudsman is an infringement of the independence of the Data Protection...
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22/04/2014
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The EU’s Article 29 Data Protection Working Party (the coordination group for Member States’ Data Protection Authorities) states that Microsoft’s contractual commitments meet the requirements of the EU’s model clauses. This will reduce the number ...
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28/04/2014
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Brazil adopted Internet legislation on 23 April which establishes principles, guarantees, rights and obligations for Internet users and providers. According to this law (Marco Civil), use of the Internet in Brazil is founded on respect for freedom...
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02/05/2014
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France’s Data Protection Authority, the CNIL, says that it will use its new power to conduct online inspections this year, and generally increase the number of inspections (see the international e-news on 31st March 2014). Overall, the DPA aims to...
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08/05/2014
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27 Data Protection Authorities from around the world will be scrutinising organisations’ collection and use of personal information on mobile apps next week. This online sweep, to be carried out 12-18 May, and organised by the Global Privacy...
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13/05/2014
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The Court of Justice of the European Union has ruled that citizens have a right to request that Google delete their data from search results. In a case involving Google Spain, the court rules that although US-based, the search engine is the data...
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23/05/2014
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eBay has asked users to change their passwords because of a cyber-attack that compromised a database containing passwords and other personal data such as names, email addresses, physical addresses, phone numbers and dates of birth. Cyber-attackers...
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29/05/2014
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Canada’s Prime Minister, Stephen Harper, announced yesterday the nomination of Daniel Therrien as the next Privacy Commissioner of Canada. Mr. Therrien is currently Assistant Deputy Attorney General, Public Safety, Defence and Immigration Portfoli...
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02/06/2014
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Google received 12,000 take-down requests from individuals on the first day it offered the service, 31 May, according to Agence France Presse . The number confirms earlier estimates given by the German daily Der Spiegel and reported in other media...
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11/06/2014
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To mark the start of the World Cup, we would like to offer you some news on Brazil. Brazil’s ground-breaking Internet law establishes the principles, guarantees, rights and obligations for the use of the Internet in Brazil. From now on,...
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16/06/2014
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Following suggestions made by the EU Commission last summer, the EU and the US are about to agree on how the Safe Harbor framework will be revised. Viviane Reding, EU Vice President and Commissioner for Justice, said on 6 June: “I think that 95% o...
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23/06/2014
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The German Data Protection Authorities have published guidance for mobile apps due to app developers’ and application providers’ perceived lack of privacy knowledge, as demonstrated by their product and services. The guidelines comment on the lega...
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02/07/2014
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Different stakeholders, speaking at the Privacy Laws & Business 27th Annual International Conference yesterday, indicated that the draft data protection Regulation is now on an irreversible road. Peter Hustinx, European Data Protection Supervisor,...
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16/07/2014
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Russia's State Duma (Lower House of Parliament) on 4th July and Federation Council (Upper House of Russia’s Parliament) on 9th July adopted amendments to Russia’s personal data protection act which require that personal data of all Russians is...
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25/07/2014
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The EU’s national Data Protection Authorities meeting as the EU Art. 29 DP Working Party yesterday had a meeting with the three major search engine companies, Google, Microsoft and Yahoo, to discuss the ways in which they have implemented the “rig...
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12/08/2014
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Brazilian telecoms provider Oi has been fined 3.5 million reals (€1.2 million) for recording and selling its subscriber browser data, law firm Reed Smith reports. The fine, issued by the Brazilian Department of Consumer Protection and Defence...
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12/08/2014
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PL&B's previous enews today about Brazil issuing a 1.2 million euros fine quoted the wrong legislation. According to Professor of Law, Danilo Doneda, the case was not based on Brazil's new Brazilian's internet law (Marco Civil da Internet), but...
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20/08/2014
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Newly appointed EU Justice Commissioner, Martine Reicherts, says that some parties are using the Right to be Forgotten (RTBF) to undermine the EU’s data protection reform. “They have got it wrong. And I will not let them abuse this crucial ruling ...
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27/08/2014
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France’s Data Protection Authority, the CNIL, has sanctioned the mobile telephone company, Orange France, for a data security breach. A public warning, issued on 25 August, follows a security breach which jeopardised personal data of more than one...
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08/09/2014
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Verizon has agreed to pay $7.4 to settle an investigation brought by US Federal Communications Commission’s Enforcement Bureau. The Commission found that Verizon had failed to inform some two million customers of their privacy rights prior to...
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11/09/2014
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Ireland has appointed Helen Dixon as the new Data Protection Commissioner. Ms Dixon has previously held senior management positions with the Companies Registration Office and the Department of Jobs, Enterprise and Innovation. According to the Iris...
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12/09/2014
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Jean-Claude Juncker, the incoming President of the European Commission, nominated his team of commissioners on 10 September and set their data protection agenda. Andrus Ansip, former Prime Minister of Estonia, who has been nominated as...
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23/09/2014
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The US retailer Home Depot has confirmed that credit card details of potentially 56 million of its customers have been compromised due to a cyber attack. By the time the company learned on 8 September from banks and law enforcement that it had bee...
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02/10/2014
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Vĕra Jourová, candidate for the post of EU Commissioner for Justice, Consumers and Gender Equality, said in a European Parliament hearing yesterday that she would ‘strive for the adoption of the [data protection] reform package within the first si...
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16/10/2014
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The 36th International Conference of Data Protection and Privacy Commissioners, taking place in Mauritius this week, discussed yesterday the role of Big Data in society and the threat of surveillance systems. Jacob Kohnstamm, Chairman of the...
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16/10/2014
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Members of the International Conference of Data Protection and Privacy Commissioners say that they will further enhance their enforcement cooperation by agreeing to develop a secure international information platform to share confidential...
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17/10/2014
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Ethics, Fundamental Rights and Big Data was discussed yesterday at the 36th International Conference of Data Protection and Privacy Commissioners. Some highlights: What is the motivation behind the risk? There is an analogy between chemistry and b...
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22/10/2014
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The European Parliament’s Civil Liberties Committee voted yesterday to nominate Giovanni Buttarelli as top candidate for the post of European Data Protection Supervisor (EDPS). Buttarelli is currently Assistant Supervisor. The Committee would lik...
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04/11/2014
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The US Federal Communications Commission (FCC) issued, on 24 October, a 10 million dollar fine for breaching consumer privacy and data security. The phone companies, TerraCom and its affiliate YourTel America, claimed in their privacy policies tha...
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21/11/2014
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The US Federal Trade Commission (FTC) has charged TRUSTe, US-based provider of privacy certifications for online businesses, for deceiving consumers about its recertification program for companies’ privacy practices. The FTC Chairwoman, Edith...
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01/12/2014
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Giovanni Buttarelli has been appointed as European Data Protection Supervisor for the period of 1 December 2014 to 30 November 2019. The Assistant Supervisor will be Wojciech Wiewiórowski. "The [European Parliament’s] Civil Liberties Committee has...
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05/12/2014
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At the EU Council of Ministers Home and Justice Affairs meeting 4 December in Brussels, the ministers agreed a partial general approach on data processing in the public sector. This proposal by the Council would allow for some flexibility for the...
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10/12/2014
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23 privacy authorities from around the world have written to operators of app marketplaces, including Google Play and the Apple App Store, to make it mandatory for mobile app developers to post links to privacy policies prior to download if they a...
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05/01/2015
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Snapchat has agreed to biannual, independent third party audits for the next 20 years as part of its settlement with the US Federal Trade Commission (FTC). The company had allegedly violated the FTC Act by deceiving customers with promises about t...
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15/01/2015
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Speaking at the US Federal Trade Commission on 12 January, President Barack Obama announced his plans for a Consumer Privacy Bill of Rights. The Obama administration issued a white paper on consumer privacy in February 2012 and the Commerce...
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21/01/2015
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Chile is in the progress of drafting a new privacy law which would be more in line with EU style provisions. "The Bill is not yet before the Congress but there was a public consultation last July," Paulina Silva of Carey y Cia said at the CPDP...
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23/01/2015
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Jan Albrecht, MEP and data protection rapporteur at the European Parliament on the draft EU DP Regulation is optimistic about the Council reaching its negotiating position by this summer. "I am optimistic that we can reach a solution in 2015. But...
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09/02/2015
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After approval by Germany’s federal cabinet, the legislature will now consider how to make the enforcement of consumer and data protection rights more effective. The draft law would improve the civil enforcement of consumer protection provisions o...
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12/02/2015
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The Brazilian government issued a Draft Bill for the Protection of Personal Data (Anteprojeto de Lei para a Proteção de Dados Pessoais) on 28 January 2015. Privacy Laws & Business constantly monitors legislative developments round the world. See o...
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13/02/2015
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In an exclusive interview with Laura Linkomies, PL&B Editor, newly appointed European Data Protection Supervisor, Giovanni Buttarelli, explained that his priority over the next five years is to be proactive in promoting a culture of data protectio...
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25/02/2015
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In Microsoft’s most recent audit for ISO 27001, ISO auditors have verified that Microsoft incorporates controls that comply with the ISO 27018 code of practice for the protection of personal data in the cloud ( PL&B International Report October 20...
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26/02/2015
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The Garante, Italy’s DP Authority, is requesting changes to Google’s privacy policy to bring it into line with Italy’s data protection law. Google has until 15 January 2016 to comply. The decision includes the opportunity for the Garante to conduc...
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03/03/2015
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The text of the draft privacy Bill of Rights, labelled a ‘discussion draft’, would severely restrict the collection and processing of consumer data. This wide-ranging bill, based on the existing Fair Information Practice Principles (FIPPs), would...
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11/03/2015
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The Netherlands’ Data Protection Authority and the US Federal Trade Commission (FTC) signed a memorandum of understanding (MOU) on 9 March “to enhance information sharing and enforcement cooperation on privacy-related matters.” While the agencies...
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16/03/2015
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The "One-Stop-Shop" will apply only in important cross-border cases, the Council of the European Union announced on 13 March. It said that EU Justice Ministers have reached a partial general approach on specific issues in the EU DP draft Regulatio...
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27/03/2015
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Japan’s Cabinet decided on 10 March to amend the 2003 Act on the Protection of Personal Information. Dr. Hiroshi Miyashita, Associate Professor, Chuo University, Tokyo, informed PL&B that both the House of Representatives and the House of...
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08/04/2015
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By a judgment of February 24, 2015, the Paris Court of Appeal issued criminal sanctions both against a restaurant “La Closerie des Lilas” and its manager, for misuse of a CCTV system which had been put in place for security purposes and not to...
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10/04/2015
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The International Conference of Data Protection and Privacy Commissioners (ICDPPC) announced on 9th April their support for a UN Human Rights Council Resolution titled: “The right to privacy in the digital age” which was adopted on 28th March. The...
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15/04/2015
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The Global Privacy Enforcement Network, GPEN, is working towards the launch of a secure Internet-based platform that will allow GPEN members to alert other members about investigations and find out whether other members are investigating the same...
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16/04/2015
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Argentina has enacted two new regulations: the first one is related to sanctions and the recently adopted national Do Not Call registry, and the second one is about CCTV. The new Sanctions Regulation (Disp. 9/2015) provides a new scale of fines (u...
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17/04/2015
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According to Vera Jourova, EU Commissioner for Justice, Consumers and Gender Equality, the EU is seeking to resolve key issues on the US Safe Harbor agreement with the US by 28 May, the date of the EU-US Justice and Home Affairs Ministerial Meetin...
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24/04/2015
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Japan's Diet (Parliament) is expected to have intensive discussions in May about privacy law reform, including the proposal for an independent data protection authority. In a plenary session in the House of Representatives on 23 April, the...
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27/04/2015
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NGOs from the European Union and around the globe, including European Digital Rights (EDRi), Privacy International and US-based Electronic Privacy Information Center (EPIC), have expressed concern over the proposed changes to the draft EU Data...
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05/05/2015
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The Garante, Italy’s Data Protection Authority, is inviting comments on the Internet of Things (IoT) in order to gain insights for defining rules and safeguards in this area, especially to ensure maximum transparency and to avoid abuse of people’s...
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19/05/2015
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Facebook is disregarding Belgian and European Data Protection legislation, Belgium’s Data Protection Authority says. The DPA has adopted a recommendation, as opposed to a decision, which says that this was a necessary step after months of...
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20/05/2015
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Italians are well aware of their privacy rights, suggests an online survey conducted by Italy’s Direct Marketing Association, supported by Consodata (a Seat Pagine Gialle Company), a marketing and communications agency, and launched at a media eve...
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22/05/2015
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The Australian Privacy Commissioner has ruled that telco metadata on the phone calls a person receives and sends is 'personal information' and therefore access rights apply. The requester, a journalist, wanted access to all the metadata informatio...
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29/05/2015
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The Netherlands First Chamber passed a Bill on Data Breach Notification on 26 May, law firm De Brauw Blackstone Westbroek reports. It will be mandatory for all types of data controllers to notify breaches of personal data. Failure to notify is...
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05/06/2015
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France’s Data Protection Authority, the CNIL, said at the end of May that it intends to conduct 550 inspections in 2015. Of these, some 350 will be on-site or off-site inspections and the rest will be conducted online. The CNIL says that it will...
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11/06/2015
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Andrea Vosshoff, Germany’s Federal Data Protection Commissioner, says that the government bill, due to be debated in parliament tomorrow, 12 June, is a disproportionate interference in German, but also in European fundamental rights. Vosshoff...
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15/06/2015
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Today, Justice Ministers in the Council reached a General Approach on the new data protection rules confirming the approach taken in the Commission's proposal back in 2012. Trilogue negotiations between the Council, the European Parliament and the...
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19/06/2015
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The EU Art. 29 DP Working Party says that the new regulatory framework should not undermine the core principles and rights established in the DP Directive. The DPAs consider that the proposal to enable controllers to process data for a purpose tha...
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22/06/2015
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The Digital Privacy Act, adopted on 18 June, introduces an explicit obligation to notify individuals in cases of breaches, and report to the Office of the Privacy Commissioner of Canada if it is "reasonable in the circumstances to believe that the...
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24/06/2015
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Speaking after the first Trilogue meeting today, Jan Philipp Albrecht, Rapporteur for the European Parliament said that agreement between the Trilogue parties may be achieved by the end of the year, together with agreement on the so called EU Poli...
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14/07/2015
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Julie Brill, Commissioner, Federal Trade Commission, has now published her presentation (see link below) on the FTC’s Privacy Leadership Role in the US which she gave at on 7th July in Cambridge at PL&B’s 28th Annual International Conference,...
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22/07/2015
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The United Nations appointed on 1 July Joseph Cannataci as a Special Rapporteur on the Right of Privacy for the next three years. The rapporteur’s mandate includes to: identify possible obstacles to the protection of the right of privacy, identif...
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27/07/2015
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Today, Giovanni Buttarelli, European Data Protection Supervisor, followed up his announcement on 7th July at PL&B’s 28th Annual International Conference by launching an app which not only gives his Opinion on the Trilogue negotiations but also...
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28/07/2015
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Following her appointment on 24 July, Mar España Martí, the new Director of Spain’s national Data Protection Authority (Agencia Española de Protección de Datos - AEPD), was introduced to the media on 27 July at the AEPD’s office in Madrid by Justi...
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03/08/2015
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Allan Chiang, Hong Kong’s Privacy Commissioner for Personal Data, announced the end of his five year term of office today with a statement reviewing some highlights. He referred to tensions between privacy and freedom of the press. He has recently...
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04/08/2015
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Stephen Kai-yi WONG has today started his five year term as the Privacy Commissioner for Personal Data, Hong Kong. He states: “I will work with all the stakeholders to protect personal data privacy rights, with a view to ensuring proper protection...
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06/08/2015
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The CNIL, France’s DP Authority, has ordered Paris Saint-Germain Football Club (PSG Football), one of France’s leading soccer clubs, to properly manage its file for excluding spectators from the stadium. There is a legal framework for excluding...
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11/08/2015
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As a result of the Charlie Hebdo shootings, France has adopted a law that enables its intelligence agencies to monitor phone calls and emails of suspected terrorists without prior authorisation from a judge. The Bill, which was approved by France'...
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28/08/2015
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Germany’s Data Protection Commissioners declare that the principle of purpose limitation must not be weakened by the proposed EU Data Protection draft Regulation. The German DPAs issued a press release on 26 August in which they oppose the proposa...
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02/09/2015
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Russia's data localisation law, which also applies to websites of foreign companies, entered into force on 1 September (PL&B International Report February 2015 p.6). But large Internet companies, Google, Twitter and Facebook, have lobbied the...
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03/09/2015
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Japan’s Diet has today, 3 September, amended the Act on the Protection of Personal Information. The amended Act will establish a “Personal Information Protection Commission” as of 1 January 2016. The amendment was due to be passed in the summer bu...
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08/09/2015
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European Union negotiations with the US government for an international data protection framework agreement in the law enforcement area (so-called ‘Umbrella Agreement’) have been finalised. According to Reuters, the parties have reached agreement ...
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11/09/2015
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European Data Protection Supervisor, Giovanni Buttarelli, is today calling for broader discussion, both in the European Union and globally, on how to ensure the integrity of our values while embracing the benefits of new technologies. To ensure th...
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24/09/2015
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The Court of Justice of the European Union’s Advocate General, Yves Bot, has issued an opinion on the EU-US Safe Harbor saying that it is invalid as an automatic assurance of privacy due to breaches of fundamental rights of privacy and data...
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29/09/2015
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It has been confirmed that the legal status of the US EU Safe Harbor Framework, in its current form, will be decided by the Court of Justice of the European Union next Tuesday, 6 October. A decision was not expected for several weeks, but the...
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06/10/2015
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The Court of Justice of the European Union (CJEU) has in its decision today declared that transfers of personal data from the EU to the US cannot rely on the Safe Harbor framework agreement. The Court said that it is for the national Data Protecti...
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13/10/2015
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The EU Council has agreed its negotiating position on the draft Data Protection Directive for the law enforcement area. This in an important step as the Trilogue parties working on the EU Draft DP Regulation had agreed that the two instruments nee...
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19/10/2015
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On 6 October, the Court of Justice of the European Union (CJEU) declared the Safe Harbor Decision of the European Commission invalid. www.privacylaws.com/Publications/enews/International-E-news/Dates/2015/10/CJEU-EU-US-Safe-Harbour-framework-is-in...
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21/10/2015
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The US House of Representatives agreed yesterday to move forward the Judicial Redress Bill, which would ensure some foreigners the right to pursue their privacy rights in US courts. There was overwhelming bipartisan support for the Bill which will...
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28/10/2015
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The EU DPAs, and the EU Commission are frantically searching for solutions to the problem of the European Court of Justice declaring the US-EU Safe Harbor to be invalid. While the EU and the US are still negotiating a new framework, there are...
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29/10/2015
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The Data Protection Authorities' 37th International Privacy Conference, hosted by the Netherlands DPA, has held discussions on practical solutions to privacy challenges between the EU and the US. Opening the conference, Chairman of the Netherlands...
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30/10/2015
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EU Commissioner, Vĕra Jourová, yesterday told the 37th International Privacy Conference in Amsterdam that the ECJ’s decision in the Schrems case “reaffirms once more that personal data protection is a fundamental right and that it applies also whe...
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10/11/2015
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The Brussels tribunal of first instance yesterday issued an injunction against Facebook to stop it collecting personal data from non-Facebook users in Belgium. The injunction, initiated by Willem Debeuckelaere, President, Belgium’s Commission for...
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13/11/2015
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Following PL&B’s e-news on the Belgian Facebook case on 11th November, it is now clear that the fine of 250,000 Euros is per day. The Belgian DPA’s website states: “The Court imposes a penalty upon Facebook amounting to 250,000 EUR per day that it...
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17/11/2015
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Speaking in Washington yesterday, EU Commissioner responsible for data protection, Věra Jourová, said that she is confident a solution for EU-US data transfers will be found by January 2016 because: 1. “we have clear guidelines from Europe's highe...
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03/12/2015
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Facebook says it has changed its practice for non-Facebook users accessing Facebook so that it will comply with the Belgian Tribunal of First Instance decision of 9 November. This means that anyone without a Facebook account in Belgium will now ha...
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09/12/2015
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The EU Trilogue on the Network and Information Security Directive, the so-called Cyber Security Directive, was completed on 7 December. A data breach notification duty will apply to providers of key infrastructure, such as energy, transport, and...
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10/12/2015
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Věra Jourová, European Commissioner for Justice, said at Forum Europe’s 6th Annual DP and Privacy Conference in Brussels today that the EU Data Protection Regulation is in its “final stages….The European Commission will support its implementation…...
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16/12/2015
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Yesterday, the EU Council, European Parliament and European Commission negotiators agreed the data protection package – the general DP Regulation and the so-called ‘Police’ Directive. The next step is a confirmation vote at the European Parliament...
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17/12/2015
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The European Parliament’s Civil Liberties, Justice and Home Affairs [LIBE] Committee approved the data protection package this morning. The next step will be a vote in full Parliament in the new year. The Council has to organise a vote too, but th...
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30/12/2015
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Russia’s “Right to be Forgotten Law”, signed by President Putin on 13 July 2015, will enter into force on 1 January 2016. The Law imposes an obligation on search engines that disseminate advertisements targeted at consumers located in Russia to...
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08/01/2016
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The European Data Protection Supervisor (EDPS) plans to comment on the EU Commission’s Implementing Decision on EU-US data flows (Commission Communication COM(2015) 566); monitor developments for a new arrangement for transatlantic data transfers...
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19/01/2016
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BusinessEurope, the US Chamber of Commerce, DigitalEurope and the Information Technology Industry Council (ITI) have written to EU negotiators and President Obama stressing how important it is to find a solution before the end of the month....
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27/01/2016
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In a panel discussion at the CPDP conference today in Brussels, Bruno Gencarelli from the European Commission said that the Commission would now look into developing tools for compliance such as codes of conduct. Jan Philip Albrecht from the...
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28/01/2016
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In a feisty exchange of words with Paul Nemitz, Director at European Commission for Fundamental Rights, US Federal Trade Commissioner Julie Brill said today at the CDPD conference in Brussels that 'there are very good proposals on the table now, ...
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29/01/2016
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Willem Debeuckelaere, President, Belgium’s Privacy Commission has informed PL&B that the Facebook v. Belgian DPA case (PL&B International Report December 2015 p.1) is to go to the Appeal Court. The hearing is scheduled for 11 May. The wider EU...
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02/02/2016
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Věra Jourová, European Commissioner for Justice, addressed the European Parliament’s LIBE Committee yesterday evening, 1 February, to inform the MEPs of the state of play in the negotiations. “Negotiations are still ongoing, including at the...
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03/02/2016
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The EU Commission announced yesterday that it has finalised negotiations with the United States on a renewed framework for transatlantic data flows of personal data. While the European Commission claims that this will create legal certainty for...
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10/02/2016
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France’s Data Protection Regulator, the CNIL, has issued Facebook with a formal notice which states that it expects the company to comply with France’s Data Protection Act within three months. The issue in question is about fair collection of...
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15/02/2016
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The EU Data Protection Authorities have published their Article 29 DP Working Party programme. It highlights the level of cooperation needed and the importance of the European Data Protection Board (EDPB) which will replace the Article 29 DP Worki...
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19/02/2016
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Barbarà Fondevila, Maria Àngels, Director, Catalan Data Protection Authority, based in Barcelona, has launched a competition to find an app or technological solution developed anywhere that best showcases “applications or systems that improve the...
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22/02/2016
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Poland’s Data Protection Commissioner, Dr Edyta Bielak-Jomaa, has issued a statement which says that in the absence of a new framework for EU-US data transfers, the authority is prepared to consider any complaints in this regard, even if they were...
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24/02/2016
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Germany’s “Act to Improve the Civil Enforcement of Consumer Protection Provisions of Data Protection Law”, published on 17 February and entering into force today, 24 February 2016, enables consumer protection associations to file privacy cases in...
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29/02/2016
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The "adequacy decision" for EU-US personal data transfers, drafted by the EU Commission, as well as the texts that will constitute the EU-US Privacy Shield have been published today. The EU Commission concludes that the United States ensures an ...
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01/03/2016
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President Obama signed, on 24 February, the Judicial Redress Bill which gives Europeans the right to sue the United States for unlawful disclosure of personal information. The new right is the same as that afforded to American citizens under the...
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21/03/2016
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The Data Protection Authorities’ Global Privacy Enforcement Network (GPEN), now has 59 privacy enforcement authority members in 43 jurisdictions. In 2016, GPEN intends to increase membership from under-represented regions (Africa, Asia, South...
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01/04/2016
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The German Bundeskartellamt has initiated proceedings against Facebook on suspicion of the company having abused its dominant market positon by infringing data protection rules. The German competition policy agency is investigating Facebook Inc.,...
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04/04/2016
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The Privacy Shield framework provides an 'essentially equivalent' level of protection for personal data transferred from the EU to the US, Hogan Lovells LLP privacy lawyers conclude in their 63-page legal analysis commissioned by the Information...
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08/04/2016
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The EU Council of Ministers has published a new version of the General Data Protection Regulation, dated 6 April 2016. PL&B understands that technical/linguistic work has clarified some of the unclear wording in the text that was adopted by a...
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08/04/2016
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Turkey’s Data Protection Law was published yesterday, 7 April in the Official Gazette. Assistant Professor Elif Küzeci from Bahcesehir University, Istanbul, told PL&B that this is the most significant step for data protection in Turkey so far. The...
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13/04/2016
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EU DPAs: In the absence of the EU-US Privacy Shield, BCRs can be used for now In a press conference today, the Chair of the EU Data Protection Working Party, Isabelle Falque-Pierrotin (also President of France’s DPA, the CNIL), said that the...
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14/04/2016
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The European Parliament’s plenary session this afternoon adopted the EU Data Protection Regulation. It is expected that it will enter into force by July, 20 days after its publication in the EU Official Journal. Its provisions will be directly...
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18/04/2016
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The European Commission launched, on 12 April, a public consultation on the revision of the e-Privacy Directive. It is expected that the Commission will issue a legislative proposal on e-privacy by the end of this year. The Consultation consists o...
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19/04/2016
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At yesterday’s ASSO DPO conference in Milan, Dr Joseph Cannataci, United Nations Special Rapporteur on the Right to Privacy, told PL&B that, although he receives a low official budget (PL&B International Report April 2016 pp.10-12), in fact, he is...
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29/04/2016
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The UK Information Commissioner, Christopher Graham, says that the questions the EU DPA’s Article 29 Data Protection Working Party posed on the proposed EU-US Privacy Shield should be answered as a first priority. “The Article 29 Group has posed...
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05/05/2016
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The EU Data Protection Regulation was published in the European Union’s Official Journal yesterday, and will enter into force on 25 May 2018. Together with EU Regulation 2016/679, the European Commission has published the text of the so-called...
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13/05/2016
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The Advocate General of the Court of Justice of the European Union ( CJEU) issued an opinion yesterday in the case Patrick Breyer v. Federal Republic of Germany which suggests that dynamic Internet Protocol (IP) addresses fall within the EU Data...
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18/05/2016
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The European Union is preparing to have the Network and Information Security (NIS) Directive (Cyber Security Directive) in force from August 2016. The EU Presidency has announced that the Council adopted its position in its first reading on 17 May...
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26/05/2016
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Ireland’s Data Protection Commissioner is planning to refer the Facebook case back to the Court of Justice of the European Union (CJEU) to determine if Facebook can continue to transfer data from the EU to the US by...
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08/06/2016
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The European Data Protection Supervisor (EDPS) has issued an Opinion in which he says that the proposed EU-US Privacy Shield is not robust enough. Giovanni Buttarelli, EDPS, said: "I appreciate the efforts made to develop a solution to replace Saf...
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17/06/2016
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The Article 31 Committee, consisting of EU Member States’ representatives, will meet again on 20 and 29 June in an attempt to agree the draft adequacy decision for EU to US international data transfers under the proposed EU-US Privacy Shield. The ...
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20/06/2016
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France’s Data Protection Authority, the CNIL, has started a consultation on some of the GDPR (EU Data Protection Regulation) issues in order to help the EU Article 29 Data Protection Working Party (DPWP) in its work. The President of the CNIL,...
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30/06/2016
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The Belgium Court of Appeal has overturned the DPA’s decision on Facebook not being compliant with Belgium’s data protection law. The case concerned Facebook using a cookie to monitor non-Facebook members’ browsing habits when they visit Facebook...
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05/07/2016
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Speaking at Privacy Laws & Business 29th Annual International Conference in Cambridge, Bruno Gencarelli, Head of EU Data Protection Unit said that the Article 31 Committee will be voting on the Privacy Shield pact this week, and following a positi...
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11/07/2016
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The EU-US Privacy Shield, the data transfer agreement between the EU and the US was agreed last Friday 8 July by the EU Member States’ Article 31 Committee representing the 28 Member States. This package, replacing the Safe Harbor agreement, will ...
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13/07/2016
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The EU Commission adopted the Privacy Shield yesterday for transfers of personal data from the EU to the US. The adequacy decision has been notified to the 28 EU Member States and thereby enters into force immediately. The Privacy Shield framework...
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22/07/2016
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On 20 July, France’s Data Protection Authority, the CNIL, served Microsoft with a formal notice that it must comply with France’s data protection law within three months. The CNIL states that the Windows 10 operating system collects excessive...
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26/07/2016
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The EU Data Protection Authorities say that they welcome the changes made to the EU-US Privacy Shield’s final version. But several concerns remain regarding both the commercial aspects and the access by US public authorities to data transferred fr...
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17/08/2016
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Only 35 companies have so far been certified to the EU-US Privacy Shield, which became operational on 1 August. The programme has stricter requirements than its predecessor, Safe Harbor, which in the end had some 5,500 participants. However, large...
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24/08/2016
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Canada’s Federal Privacy Commissioner and Australia’s Privacy Commissioner have concluded in their joint investigation into Ashley Madison’s 2015 data breach that the Toronto-based company had serious faults in its data security. For example, the...
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13/09/2016
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On 7 September, South Africa’s National Assembly approved the nomination of Pansy Tlakula as the Chairperson of the Information Regulator to enforce the Protection of Personal Information Act 2013 (POPI) and positions of other full time and part...
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22/09/2016
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Some 200 US companies have now been certified to the EU-US Privacy Shield, Ted Dean, Deputy Assistant Secretary for Services at the US Department of Commerce said today at a privacy conference in Germany. Another 300 companies are being reviewed,...
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27/09/2016
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Germany’s state of Bavaria Data Protection Authority for the private sector has provided organisations with some guidance on compliance with the EU General Data Protection Regulation (GDPR). The guidance, issued on 1 September, provides informatio...
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03/10/2016
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The European Data Protection Supervisor (EDPS), Giovanni Buttarelli, says that we need to see more accountability in Big Data mergers. “Regulators should have a healthy scepticism on these, and be more conversant with new technology.” Buttarelli...
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20/10/2016
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Data Protection Authorities from all over the world are currently meeting in Marrakesh, Morocco for their 38th International Privacy Conference. The DPAs and stakeholders debated yesterday data privacy as a driver for sustainable development,...
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21/10/2016
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“We are very pleased that participation in the EU-US Privacy Shield has exceeded expectations,” Shannon Coe from the US Department of Commerce said. Speaking at the international DPAs’ conference in Marrakesh yesterday, Coe confirmed that the...
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28/10/2016
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The EU Article 29 Data Protection Working Party (WP29) has sent a letter to WhatsApp saying that they have serious concerns regarding the sharing of information within the “Facebook family of companies”. The DPAs say that the Terms of Service and...
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04/11/2016
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The Secretary of State for Culture, Media and Sport (CMS), Karen Bradley MP, told the CMS Select Committee on 24 October about her meeting at the Department for Exiting the European Union with the Secretary of State, and discussion about...
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07/11/2016
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Ten German state and city level DPAs, coordinated by Bavaria’s DPA, have started a survey of 500 companies’ practices regarding international data transfers. The state and city level DPAs that are involved are: Bavaria, Berlin, Bremen, Hamburg,...
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18/11/2016
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In an unprecedented move, the Russian DPA, Roskomnadzor yesterday, 17 November, blocked access to the LinkedIn website in order to comply with a Moscow City Court ruling on 10 November. The court found that the company was in breach of the data...
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01/12/2016
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EU Data Protection Authorities are promising to issue the first parts of their guidance on the EU Data Protection Regulation (GDPR) soon after their plenary meeting on 12-13 December. Guidance can be expected on Data Protection Officers (DPOs), da...
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14/12/2016
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The EU Commission’s draft proposal for the revision of the e-Privacy Directive suggests GDPR-style fines and a Regulation, directly applicable in all the European Union Member States, rather than a Directive. While the formal proposal is expected ...
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16/12/2016
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The EU Article 29 Data Protection Working Party adopted, during its 12-13 December meeting: • Guidelines and FAQs on the right to Data Portability, • Guidelines and FAQs on Data Protection Officers (DPOs) and • Guidelines and FAQs on the Lead...
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05/01/2017
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Argentina has adopted a new regulation on international transfers of personal data which allows companies to use model contract clauses. Pablo Palazzi, partner at the law firm Allende & Brea in Buenos Aires, Argentina, says that under the new...
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11/01/2017
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The EU Commission sets the strategic framework for "adequacy decisions" as well as other tools for data transfers and international data protection instruments in its Communication published yesterday, 10 January. The Commission says that it will...
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13/01/2017
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The United States and Switzerland, on 12 January 2017, agreed the Swiss-US Privacy Shield Framework as a valid legal mechanism to comply with Swiss requirements when transferring personal data from Switzerland to the United States. The Swiss-US...
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25/01/2017
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Speaking at the CPDP conference in Brussels today, Axel Voss, MEP and member of the European Parliament's LIBE committee said that there is an urgent need for more interpretations on the GDPR. He said that the DPAs should clarify concepts very...
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27/01/2017
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President Trump's Executive Order from yesterday would take away privacy protection from non-US citizens in the US, and thus put the EU-US Privacy Shield in danger. Jan Philip Albrecht, MEP, tweeted yesterday at the CPDP conference on hearing the...
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14/02/2017
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The Privacy Amendment (Notifiable Data Breaches) Bill 2016 passed both Houses of Parliament on 13 February. Unless the Government fixes a date for commencement by Proclamation, the law will enter into force 12 months from the date the Bill receive...
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22/02/2017
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The dust has somewhat settled on President Donald Trump’s Executive Order threatening the privacy rights of non-US citizens, but the EU DPAs remain vigilant regarding the implementation of the EU-US Privacy Shield. The DPAs decided, in their 7...
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02/03/2017
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Human Rights Watch and the American Civil Liberties Union (ACLU) have written to EU Commissioner for Justice, Véra Jourová, saying that given the recent changes to US policies and oversight structures, they believe that the assurances that the...
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13/03/2017
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Italy’s Data Protection Authority, the Garante, on 10 March fined five companies in excess of 11 million euros for the unlawful processing of personal data. The data breach was discovered in the context of a broader financial police (Guardia di...
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14/03/2017
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The Catalan Data Protection Authority (DPA) has extended the entry date to 30th March for the 5th edition of its Data Protection by Design Award with 5,000 and 2,000 euros money prizes and marketing opportunities. Àngels Barbarà i Fondevila, Catal...
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05/04/2017
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During her visit to the US last week to discuss the EU-US Privacy Shield with the new US administration, EU Commissioner for Justice, Věra Jourová, said that a review of the progress with the programme will take place in September this year. She...
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10/04/2017
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The EU Data Protection Authorities welcome the expansion of the scope of the current e-Privacy Directive to include Over-The-Top (OTT) providers such as WhatsApp. The regulators also say that the EU Commission’s plan to introduce the new rules as ...
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19/04/2017
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The EU Article 29 Working Party is inviting comments on its proposed guidelines on Data Protection Impact Assessments (DPIAs). DPIAs are mandatory under the EU General Data Protection Regulation (GDPR) when processing is “likely to result in a hig...
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28/04/2017
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The German Bundestag yesterday adopted the Bill on the adjustment of the Federal Data Protection Act (DSAnpUG-EU) to implement the provisions of the EU General Data Protection Regulation. Now it is up to the Federal Council to approve the law, whi...
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08/05/2017
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Speaking at the ASSO DPO conference in Milan today, Giovanni Buttarelli, European Data Protection Supervisor said that everyone needs to do their homework on the EU General Data Protection Regulation - DPOs, national legislators and Data Protecti...
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16/05/2017
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France’s Data Protection Authority, the CNIL, has today issued a fine of 150,000 euros on Facebook Inc and Facebook Ireland in an enforcement programme coordinated with four other Data Protection Authorities. The regulator says the company is in...
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19/05/2017
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The EU Council’s Maltese Presidency’s progress report on the EU Commission’s proposal for an e-Privacy Regulation reveals that while Member States are still preparing their national positions, some delegations are already asking for greater...
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07/06/2017
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To help it conduct the first annual review of the EU-US Privacy Shield, the EU Commission has issued a questionnaire to trade bodies and some other organisations in order to seek feedback on compliance issues. The annual review, to take place in...
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29/06/2017
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Microsoft has made changes to how it processes personal data as a direct response to a formal notice in July 2016 by France’s Data Protection Authority, the CNIL. At the time, the regulator said that the company had excessive data collection...
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03/07/2017
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A survey, conducted by Privacy Laws & Business, reveals that less than a half of the respondents have created a breach notification procedure even though breach notification to regulators will be mandatory from next May under the EU Data Protectio...
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05/07/2017
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Privacy Laws & Business 30th Annual International Conference in Cambridge gathered together the main stakeholders in the data protection field for a three-day event 3-5 July. Speaking yesterday was the UK Information Commissioner Elizabeth Denham,...
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10/07/2017
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The EU Commission hopes to issue Japan with an adequacy decision on international data transfers by early 2018. A joint statement of 4 July by Věra Jourová, EU Commissioner for Justice, and Haruhi Kumazawa, a Commissioner of Japan’s Personal...
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25/07/2017
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“Deficiencies still remain and must be urgently resolved to ensure that the Privacy Shield does not suffer from critical weaknesses”, says Claude Moraes, Chair, the European Parliament’s Civil Liberties, Justice and Home Affairs Committee (LIBE),...
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01/08/2017
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The Data Protection Authorities’ Global Privacy Enforcement Network, GPEN, has increased its information exchange by way of conference calls. The network, which at the end of 2016 consisted of 64 privacy enforcement authorities in 47 jurisdictions...
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06/09/2017
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A decision by the European Court of Human Rights of 5 September states that monitoring of an employee’s electronic communications amounted to a breach of his right to private life and correspondence (Article 8 of the European Convention on Human...
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11/09/2017
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The US Federal Trade Commission (FTC) announced on 8 September that three US companies have agreed to settle FTC charges on misleading consumers about participation in the EU-US Privacy Shield. The companies in question, human resources software...
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22/09/2017
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Privacy Commissioner of Canada, Daniel Therrien, is recommending legislative amendments to provide for order-making powers and the ability to impose administrative monetary penalties in line with some of Canada’s provinces and many other...
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25/09/2017
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Speaking at the 39th International Conference of Privacy Commissioners in Hong Kong on 25 September, Shannon Coe from the US Department of Commerce explained that the US stakeholders had a two-day discussion with the European Commission and eight ...
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28/09/2017
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DPAs from all over the world, convening currently at their 39th International Conference in Hong Kong, adopted yesterday resolutions on data protection in automated and connected vehicles, and collaboration between data protection authorities and...
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11/10/2017
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The first joint annual review of the Privacy Shield is underway and the European Commission is preparing its report to be issued later this month. Separately, the EU DPAs are also conducting an assessment on how the arrangement is working. Eight...
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19/10/2017
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The European Commission yesterday confirmed that the EU-US Privacy Shield survives as a method for international data transfers. In its First Annual Review, the Commission states that the arrangement provides an adequate level of protection. The U...
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06/12/2017
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The EU Data Protection Authorities say that they have, despite improvements to the Privacy Shield framework, identified a number of significant concerns that need to be addressed both by the EU Commission and the US authorities. The DPAs, together...
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25/01/2018
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It is hoped that the Trilogue on the EU e-privacy Regulation will start after the summer recess, the rapporteur for the European Parliament on e-privacy Regulation, MEP Birgitta Sippel said yesterday at the CPDP conference in Brussels. She said th...
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07/02/2018
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The retiring Chair of the EU Article 29 Data Protection Working Party, Isabelle Falque-Pierrotin, who is the President of France’s CNIL (data protection commission), said that some national DPAs have expressed concern over the slow progress with...
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20/02/2018
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The Garante, Italy’s Data Protection Commission, has issued an administrative fine of Euros 840,000 for breaching Italy’s Privacy Code. Telecom Italia had made promotional telephone calls without consent to former customers who had not given...
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23/02/2018
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In a decisive ruling, the Brussels Court of First Instance ruled on 16th February in an 84 page judgement that Facebook must stop placing cookies on users’ computers unless: 1 - It has informed users “in a clear and comprehensive manner, fully and...
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02/03/2018
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France’s Data Protection Authority, the CNIL, announced last month that in the first months of implementation of the GDPR, it may not sanction beaches of new obligations or rights resulting from the GDPR, such as the right to data portability and...
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20/03/2018
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In the aftermath of the recent Cambridge Analytica and Facebook revelations, Giovanni Buttarelli, European Data Protection Supervisor (EDPS), said: “The solution is to be found beyond content management and transparency, though they may help where...
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