Dates - Privacy Laws & Business

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10/11/2011 by:

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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EU DP Directive

US FTC welcomes APEC privacy rules

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17/11/2011 by:

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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APEC

ECJ decision on Spain likely to have implications for all EU Member States and revision of the EU DP Directive

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30/11/2011 by:

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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DP Regulation may introduce bigger fines but more flexibility for companies

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08/12/2011 by:

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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EU DP Directive revision

Facebook audit completed: Best practice recommendations for several key areas

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22/12/2011 by:

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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audit

Monitoring of Employees allowed in Hungary and employment tribunals regulate employment privacy issues

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03/01/2012 by:

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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Hungary

European Commission questions independence of Hungary’s new Data Protection Authority

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03/01/2012 by:

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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Mexico: DP regulations enter into force

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11/01/2012 by:

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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Mexico

EU Commission takes legal action against Hungary and PL&B recommends amendments to overcome some of these problems

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19/01/2012 by:

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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Proposals for EU DP Regulation: Mandatory DPOs and fines up to 2% of annual turnover

28/02/2012 by:

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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Belgium approves BCR for J.P.Morgan's international transfers

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19/03/2012 by:

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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BCR
Belgium

EU and US find some common ground for their DP aims

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21/03/2012 by:

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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EU DPAs: Some reservations on proposed EU DP Regulations

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29/03/2012 by:

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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Privacy laws progress in the Philippines, Singapore and Malaysia

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18/04/2012 by:

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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Viviane Reding defends delegated acts in the EU DP proposals

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08/05/2012 by:

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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FTC imposes 20 years of audits on Myspace

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10/05/2012 by:

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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FTC
Myspace

No need for informed consent for authentication and session-ID cookies

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12/06/2012 by:

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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cookie compliance

Facebook to pay $10 million to charity

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19/06/2012 by:

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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Facebook

EU DPAs prepare for future use of BCRs for processors

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21/06/2012 by:

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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EU Council developing its position on the EU DP draft Regulation

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26/06/2012 by:

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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EU DP proposals

First Data applies for processor BCRs

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06/07/2012 by:

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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BCR for processors

EU DPAs want wide definition of personal data

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11/10/2012 by:

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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EU DP proposals

Singapore passes data protection Bill into law

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16/10/2012 by:

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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Singapore

EU DPAs ask Google to upgrade its Privacy Policy practices

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16/10/2012 by:

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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Netherlands: New opt-in requirements for 3rd party email marketing

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30/10/2012 by:

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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Spanish DPA leads EU fining league table but signs of DPA policy changing after a European Court decision

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07/11/2012 by:

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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Google's civil penalty of $22.5 million now confirmed

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20/11/2012 by:

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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UK Leveson press privacy intrusion enquiry recommends self-regulation backed by law, jail sentences and fines

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30/11/2012 by:

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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Leveson enquiry

Malaysia - January 2013 'in force' likely

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03/12/2012 by:

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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Malaysia

One-stop-shop likely to stay in the EU DP Regulation?

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06/12/2012 by:

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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EU DP proposals

EU declares that New Zealand’s Privacy Act is “adequate”

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20/12/2012 by:

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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Binding Corporate Rules for processors available to use from 1 January 2013

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31/12/2012 by:

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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BCR for processors

Ireland’s DPA starts to enforce "cookie" law

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03/01/2013 by:

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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Irish presidency suggests watering down EU draft DP Regulation

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18/01/2013 by:

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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EU DP proposals

China’s first privacy protection national standard to enter into force on 1st February

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23/01/2013 by:

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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Dutch and Canadian DPAs challenge WhatsApp's compliance with their privacy laws

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31/01/2013 by:

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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US FTC fines Path $800,000 and launches mobile app guidance

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05/02/2013 by:

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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FTC enforcement

EU cyber security Directive would create a stronger breach notification regime

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10/02/2013 by:

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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Cyber security draft Directive

EU DPAs warn Google about enforcement action

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21/02/2013 by:

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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Netherlands' DPA issues new data security guidelines

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22/02/2013 by:

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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Ireland to audit major social networking firms

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27/02/2013 by:

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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EU DP Regulations likely to take a more risk-based approach

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01/03/2013 by:

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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EU DP proposals

Evernote loses 50 million users' password data

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08/03/2013 by:

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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Data Breach

EU Commissioner Reding: The new EU DP framework is not just about consent

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14/03/2013 by:

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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EU DP proposals

EU DPAs on mobile apps: More transparency required

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19/03/2013 by:

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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The CNIL plans to conduct 400 inspections this year in France

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22/03/2013 by:

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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audits
CNIL

EU starts discussions with APEC on finding a way to link their approaches to international transfers

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05/04/2013 by:

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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EU DPAs stress consent requirement for Big Data initiatives

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12/04/2013 by:

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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Uruguay's accession to CoE DP Convention paves way for it to become a wider international treaty

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17/04/2013 by:

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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Council of Europe

Hamburg's DPA fines Google for Street View

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22/04/2013 by:

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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US congress puts pressure on developing Do-Not-Track standard

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25/04/2013 by:

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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DPAs from Europe, North America and Asia-Pacific monitor privacy policies on websites

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09/05/2013 by:

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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Vote on EU DP proposals now delayed

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10/05/2013 by:

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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EU DP draft regulation

Russia amends its DP laws

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14/05/2013 by:

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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Russia

Singapore’s Personal Data Protection Act to enter into force in July 2014

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21/05/2013 by:

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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Singapore

EU DP compromise proposal would make life easier for companies

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10/06/2013 by:

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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EU DP draft regulation

DPAs query privacy aspects of Google Glass

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20/06/2013 by:

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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France and Spain take action on Google

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24/06/2013 by:

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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EU DPAs may be given discretion to decide level of fines

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05/07/2013 by:

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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EU DP draft regulation

W3C rejects industry's Do-Not-Track proposal

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22/07/2013 by:

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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Do-Not-Track

Brazil considers DP bill again

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23/07/2013 by:

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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Brazil

China’s new DP Regulations to take effect on 1st September

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31/07/2013 by:

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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China; MIIT; DP Regulations

Cloud threatened: German DPAs stop granting permission for data transfers to non-EU countries

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08/08/2013 by:

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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South Africa passes Data Protection Bill

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28/08/2013 by:

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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South Africa

DP Commissioners to discuss assessment of risk at their September international conference

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29/08/2013 by:

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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DPA 35th International Conference

DPAs: DP is not just the responsibility of apps developers

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27/09/2013 by:

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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DPAs to strengthen enforcement cooperation

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27/09/2013 by:

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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New Data Protection Authority for Japan

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07/10/2013 by:

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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Japan

Malaysia

EU gives US Safe Harbor another chance

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02/12/2013 by:

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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Safe Harbor

South Africa adopts comprehensive privacy law

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02/12/2013 by:

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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Greece: DP a priority for 2014 EU Presidency, legal wrangle at the EU Council

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09/12/2013 by:

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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EU DP draft regulation

China’s consumer law amendments widen data protection

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10/12/2013 by:

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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China

NSA collection of metadata likely to be unconstitutional, US judge says

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18/12/2013 by:

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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Germany appoints a new Federal DP Commissioner

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19/12/2013 by:

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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DPA
Germany

CNIL fines Google €150,000 for the failure of its privacy policy to comply with the law

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09/01/2014 by:

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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EDPS calls Germany to take the lead in negotiating the EU DP Regulation

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16/01/2014 by:

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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EU DP draft regulation

Delay with EU DP draft Regulation - lack of political will or tricky technical issues?

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23/01/2014 by:

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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Deadline for adopting the EU Data Protection Regulation shifted to the end of 2014

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28/01/2014 by:

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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EU DP draft regulation

Invitation to take part in the ‘Big Data Protection’ Study

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10/02/2014 by:

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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Big Data

German consumer organisations to be empowered to sue businesses for data protection law breaches

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17/02/2014 by:

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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New Chair and Vice-Chairs of the EU Art. 29 Data Protection Working Party elected this morning

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27/02/2014 by:

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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Italy to increase inspections this year

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28/02/2014 by:

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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audits
Italy

EU Justice Ministers remain broadly committed to extending the DP Regulation’s territorial scope

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06/03/2014 by:

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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EU DP draft regulation

Brazil enacts Internet Bill of Rights

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28/04/2014 by:

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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Brazil

CNIL to conduct 200 online inspections this year

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02/05/2014 by:

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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DPAs to conduct privacy enforcement sweep next week

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08/05/2014 by:

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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Google’s search engine subject to EU data protection laws

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13/05/2014 by:

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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eBay suffers major data breach

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23/05/2014 by:

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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Canada nominates new Privacy Commissioner

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29/05/2014 by:

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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Canada

Google receives 12,000 requests as a result of ‘right to be forgotten’ ECJ decision

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02/06/2014 by:

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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Brazil’s Internet law enters into force 23 June

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11/06/2014 by:

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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Reding says that US Safe Harbor changes nearly agreed

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16/06/2014 by:

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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Safe Harbor

German DPAs publish guidelines for mobile apps

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23/06/2014 by:

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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Germany
Apps

Agreement on EU DP draft Regulation nearly certain during 2015

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02/07/2014 by:

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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EU DP Directive

Russia’s Internet Privacy Act will have wide implications for foreign companies

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16/07/2014 by:

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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Russia

EU Art. 29 DP Working Party meets search engines to discuss “right to be forgotten”

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25/07/2014 by:

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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Brazil issues fine of 1.2 million euros under new Internet privacy law

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12/08/2014 by:

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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Brazil

Brazil: CORRECTION

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12/08/2014 by:

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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Brazil

New EU Commissioner: Right to be Forgotten must not delay reform

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20/08/2014 by:

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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CNIL issues public warning to Orange France

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27/08/2014 by:

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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Verizon to pay $7.4 million for its data protection failures

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08/09/2014 by:

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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enforcement

Ireland appoints new DP Commissioner

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11/09/2014 by:

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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Ireland

Juncker nominates his new European Commission: EU DP Regulation to be concluded by May 2015

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12/09/2014 by:

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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European Commission

Home Depot loses 56 million customers’ credit card data and offers remediation

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23/09/2014 by:

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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Data Breach

Nominee for EU Commissioner on data protection questioned by European Parliament

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02/10/2014 by:

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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EU Commission

DPAs meet in Mauritius: Big Data, surveillance burning issues

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16/10/2014 by:

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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DPAs adopt resolution on enforcement cooperation

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16/10/2014 by:

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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enforcement

Some Mauritius Conference last day highlights

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17/10/2014 by:

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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European Parliament’s LIBE committee: Buttarelli for EDPS post

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22/10/2014 by:

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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US Federal Communications Commission fines two phone companies $10 million

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04/11/2014 by:

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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TRUSTe settles charges with US FTC for failures in its privacy seal programme

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21/11/2014 by:

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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FTC
TrustE

EU Parliament and Council appoint Giovanni Buttarelli as EDPS

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01/12/2014 by:

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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EDPS

EU Council of Ministers takes a step away from total harmonisation

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05/12/2014 by:

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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EU DP draft regulation

DPAs write to app developers and demand transparency

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10/12/2014 by:

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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GPEN
Apps

Snapchat settles with FTC and agrees to biannual audits

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05/01/2015 by:

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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FTC

Obama announces plans for US federal privacy law

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15/01/2015 by:

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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US

Chile is preparing a new data protection law

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21/01/2015 by:

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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Chile

Albrech optimistic about 2015 deadline for EU DP Regulation

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23/01/2015 by:

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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Germany approves Bill to establish collective action for enforcement of consumer/data protection rights

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09/02/2015 by:

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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Brazil issues Data Protection Bill

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12/02/2015 by:

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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Brazil

New EU DP Supervisor to focus on external relations

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13/02/2015 by:

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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EDPS

Microsoft adopts ISO 27018 cloud code of practice

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25/02/2015 by:

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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Cloud computing

Italy’s DPA extends its reach to audit Google’s US headquarters and possibly other companies

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26/02/2015 by:

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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Google
Italy

Obama administration issues a draft Privacy Bill of Rights

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03/03/2015 by:

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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Netherlands’ DPA and US FTC sign Memorandum of Understanding

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11/03/2015 by:

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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Council reaches partial general agreement on the One-Stop-Shop

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16/03/2015 by:

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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Japan plans to amend its law and allow for inspections

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27/03/2015 by:

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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Japan

Criminal sanctions and compensation for moral damages result from misuse of CCTV images contrary to registration with France’s CNIL

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08/04/2015 by:

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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DPAs support UN resolution on privacy

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10/04/2015 by:

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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UN
ICDPPC

The Global Privacy Enforcement Network increases in size and scope

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15/04/2015 by:

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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GPEN

Argentina adopts new regulations on CCTV and Do Not Call registry

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16/04/2015 by:

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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Argentina

EU wants agreement on Safe Harbor by the summer

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17/04/2015 by:

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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Safe Harbor

Japan's legislature discusses new privacy law and EU adequacy

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24/04/2015 by:

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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Privacy advocacy NGOs worried about compromises in new EU DP regime

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27/04/2015 by:

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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EU DP draft regulation

Italy’s DPA launches consultation on Internet of Things

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05/05/2015 by:

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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Belgium’s DPA: Facebook subject to Belgian law

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19/05/2015 by:

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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Italians concerned about privacy but willing to exchange data for commercial incentives

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20/05/2015 by:

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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Italy

Australia regards metadata as personal data

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22/05/2015 by:

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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The Netherlands introduces mandatory data breach notification

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29/05/2015 by:

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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Netherlands

France’s DPA says audits are a higher priority

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05/06/2015 by:

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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Germany’s DPA criticises data retention bill

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11/06/2015 by:

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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EU Council reaches agreement on EU DP Regulation

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15/06/2015 by:

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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EU DP draft regulation

EU DPAs: New Regulation must not lower DP standards

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19/06/2015 by:

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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Canada introduces mandatory breach notification

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22/06/2015 by:

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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Canada

Trilogue on EU DP Regulation starts with optimistic notes

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24/06/2015 by:

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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EU DP draft regulation

Julie Brill, FTC Commissioner, at PL&B’s 28th Annual International Conference, Cambridge, on the FTC’s Privacy Leadership Role in the US

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14/07/2015 by:

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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UN appoints Special Rapporteur on Privacy

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22/07/2015 by:

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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UN

Japan adopts amendment to its DP Act

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03/09/2015 by:

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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Japan

EU-US umbrella agreement on law enforcement finalised

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08/09/2015 by:

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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law enforcement

EDPS to set up a European Ethics Advisory Board

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11/09/2015 by:

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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EDPS

Safe Harbor is invalid as a guarantee of privacy, says AG of European Court of Justice

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24/09/2015 by:

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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Safe Harbor

CJEU will give its decision on Safe Harbor on 6 October

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29/09/2015 by:

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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Safe Harbor

CJEU: EU-US Safe Harbor framework is invalid

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06/10/2015 by:

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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Safe Harbor

EU

Belgian court orders Facebook to stop collecting personal data from non-Facebook users

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10/11/2015 by:

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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Facebook; Belgium

Facebook receives Europe’s highest ever DP fine

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13/11/2015 by:

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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Facebook; Belgium

Safe Harbor solution by January 2016, Jourová says

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17/11/2015 by:

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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Safe Harbor

Facebook to comply with Belgium’s ruling on cookies

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03/12/2015 by:

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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EU Cyber Security Directive brings in data breach notification for many sectors

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09/12/2015 by:

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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EU DP Regulation Trilogue agreement by the end of the year still possible

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10/12/2015 by:

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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EU DP draft regulation

Political agreement reached on the EU DP Regulation and Directive

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16/12/2015 by:

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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EU DP Regulation

European Parliament LIBE committee approves DP package

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17/12/2015 by:

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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EU DP Regulation

Russia: Right to be Forgotten law in force from 1 January

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30/12/2015 by:

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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Russia

EDPS publishes priorities and work programme for 2016

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08/01/2016 by:

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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EDPS

Business leaders urge EU and US to meet Safe Harbor deadline

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19/01/2016 by:

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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Safe Harbor

EU GDPR implementation: Many obstacles to tackle

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27/01/2016 by:

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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EU will announce on Monday whether new Safe Harbor agreement has been found

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28/01/2016 by:

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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Facebook v. Belgian DPA case to go to appeal and a German case moves up to the Federal Court

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29/01/2016 by:

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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Facebook; Belgium; Germany

No deal yet for EU-US data transfers

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02/02/2016 by:

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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Safe Harbor

Political agreement found for new EU-US data transfer deal

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03/02/2016 by:

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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CNIL gives Facebook 3 months to fix consent or face sanctions

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10/02/2016 by:

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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What will the new European Data Protection Board mean for companies?

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15/02/2016 by:

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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Catalan Data Protection Authority launches Data Protection by Design competition

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19/02/2016 by:

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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Poland’s DPA says enforcement against ex-Safe Harborites is a possibility

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22/02/2016 by:

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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German consumer law creating new DP rights enters into force today

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24/02/2016 by:

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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Germany

EU Commission issues Privacy Shield details and draft adequacy decision

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29/02/2016 by:

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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Privacy Shield

US enacts law to provide some privacy rights for EU citizens

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01/03/2016 by:

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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DPAs’ Enforcement Network grows in numbers and reach

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21/03/2016 by:

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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German competition policy agency investigates Facebook for infringement of DP rules

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01/04/2016 by:

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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Privacy Shield debate heats up as we wait for DPAs opinion

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04/04/2016 by:

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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Privacy Shield

EU Council of Ministers publishes updated version of the General Data Protection Regulation

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08/04/2016 by:

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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EU DP Regulation

Turkey adopts data protection law

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08/04/2016 by:

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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Turkey

EU DPAs: In the absence of the EU-US Privacy Shield, BCRs can be used for now / GDPR to be adopted tomorrow

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13/04/2016 by:

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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European Parliament adopts Data Protection Regulation: Enters into force by July

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14/04/2016 by:

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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GDPR

EU Commission starts revision of e-privacy Directive

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18/04/2016 by:

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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e-privacy

UN Special Rapporteur on the Right to Privacy is finding resources to do his job

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19/04/2016 by:

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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UN

UK ICO urges US to answer DPAs’ Privacy Shield questions

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29/04/2016 by:

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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EU DP Regulation in force 25 May 2018: Time to start preparing for compliance

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05/05/2016 by:

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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GDPR

Dynamic IP addresses can be personal data, CJEU says

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13/05/2016 by:

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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IP address

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17/06/2016 by:

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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Privacy Shield

CNIL launches GDPR consultation

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20/06/2016 by:

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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CNIL
GDPR

Facebook wins privacy case in Belgium

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30/06/2016 by:

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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Privacy Shield to be adopted next week

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05/07/2016 by:

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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EU-US Privacy Shield now agreed

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11/07/2016 by:

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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Privacy Shield

Privacy Shield adopted: Certifications can be filed from 1 August

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13/07/2016 by:

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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Privacy Shield

CNIL orders Microsoft to comply with France’s data protection law

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22/07/2016 by:

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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EU DPAs: Further improvements required for EU-US Privacy Shield

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26/07/2016 by:

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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Privacy Shield

Tentative take-up of Privacy Shield

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17/08/2016 by:

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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Privacy Shield

Ashley Madison site used a fabricated security trustmark

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24/08/2016 by:

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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South Africa on its way to appoint a regulator

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13/09/2016 by:

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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EU-US Privacy Shield gains momentum

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22/09/2016 by:

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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Bavaria issues GDPR guidance on sanctions

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27/09/2016 by:

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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EDPS calls for regulators’ cooperation and scepticism on Big Data mergers

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03/10/2016 by:

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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EDPS

100+ DPAs gather in Morocco to discuss developing privacy issues

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20/10/2016 by:

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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US pleased with 500 Privacy Shield certifications so far

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21/10/2016 by:

“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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EU DPAs target WhatsApp and Yahoo – 1st step in enhanced enforcement cooperation

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28/10/2016 by:

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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enforcement

Government gives green light to GDPR implementation

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04/11/2016 by:

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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GDPR

German DPAs launch enquiry on international transfers to non-EU countries

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07/11/2016 by:

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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Germany; International Transfers

Russia blocks LinkedIn as a result of data localisation requirement

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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MEPs call for more guidance on GDPR

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25/01/2017 by:

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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GDPR

EU-US Privacy Shield threatened by Trump executive order

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27/01/2017 by:

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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Australia adopts law on mandatory data breach notification

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14/02/2017 by:

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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EU DPAs ask US further questions on the Privacy Shield

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22/02/2017 by:

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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Privacy Shield

US privacy organisations call for annulment of the EU-US Privacy Shield

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02/03/2017 by:

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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Privacy Shield

Italy issues highest ever fines in EU for a DP breach

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13/03/2017 by:

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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Data Protection by Design Award entry date extended to 30 March

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14/03/2017 by:

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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Catalan

EU-US Privacy Shield review now promised for September

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05/04/2017 by:

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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Privacy Shield

EU DPAs welcome expanding the scope of e-Privacy

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10/04/2017 by:

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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e-privacy

EU DPAs consult on Data Protection Impact Assessments

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19/04/2017 by:

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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GDPR
DPIA

Germany on its way to adopting a GDPR implementation Act

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28/04/2017 by:

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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Germany
GDPR

EDPS addresses DPOs in Italy

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08/05/2017 by:

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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EDPS
GDPR

Facebook fined €150,000 by France’s DPA and WhatsApp €3 million by Italy’s antitrust body

10/07/2017 by:

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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EU LIBE committee still critical about EU-US Privacy Shield

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25/07/2017 by:

“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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64 member GPEN intensifies work on international enforcement

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01/08/2017 by:

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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GPEN

GDPR

More EU Member States moving toward GDPR implementation

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21/08/2018 by:

France’s data protection law was adopted on 20 June and published on 21 June. In Spain , due to a change of government, the new DP Law is still on hold. In the first week of August, the Government approved an urgent regulation appointing Spain’s...

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GDPR France Spain Romania Hungary

Brazil adopts a new GDPR-style data protection law

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22/08/2018 by:

Inspired by the EU GDPR, Brazil’s General Data Protection Law requires controllers to notify data breaches, appoint a Data Protection Officer (DPO), and follow new, stronger consent requirements. The law, which applies both to the private and publ...

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Brazil

Argentina publishes GDPR-style data protection bill

24/09/2018 by:

Argentina is on its way to modernise its data protection law. The President sent the data protection bill to Argentina’s Congress on 19 September. Argentina was declared as ‘adequate’ by the EU Commission under the EU DP Directive 1995, but...

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Argentina

First significant GDPR fines in the pipeline

17/10/2018 by:

The European Data Protection Supervisor, Giovanni Buttarelli, says that we can expect to see DPAs take enforcement action soon, Buttarelli told Reuters in an interview: “I expect [the] first GDPR fines for some cases by the end of the year. Not...

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EDPB dealing with 162 cross border cases but no fines issued as yet

24/10/2018 by:

The European Data Protection Board (EDPB) has by now 162 cross-border cases on its case register, the Board’s Chair Andrea Jelinek said in Brussels today. She would not confirm when the first large fines would be issued - ‘we are investigating’ sh...

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DPAs debate data ethics in Brussels at their 40th Conference and adopt AI declaration

26/10/2018 by:

The International Conference of Data Protection and Privacy Commissioners (ICDPPC), which convened in Brussels this week, has adopted a declaration on ethics and data protection in artificial intelligence (AI). The DPAs are determined to contribut...

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Finland updates its DP law according to the GDPR

19/11/2018 by:

Finland finally adopted its new GDPR-style law on 13 November. The delay was partly caused by deliberations on the role of the Data Protection Ombudsman (equivalent of Privacy Commissioner) in imposing administrative fines. It was argued that to...

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GDPR
Finland

Spain approves GDPR-style law but not yet in force

27/11/2018 by:

Spain’s Senate approved last week the law that will complement the GDPR. The text of the law has not yet been published. The adoption of the law has been delayed because, among other reasons, Spain’s legislature took the opportunity to add...

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Spain
GDPR

Google fined €50 million in France for GDPR breach about consent

21/01/2019 by:

France’s Data Protection Authority, the CNIL, has today announced a 50 million euro fine on Google LLC for lack of transparency, inadequate information and lack of valid consent regarding the personalisation of advertisements. The case was...

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Mutual EU-Japan adequacy decision now in force

23/01/2019 by:

The adequacy framework for the transfer of personal data between Japan and the European Union, the first on a mutual basis, has been adopted and applies to both sides as of today, 23 January 2019. Haruhi Kumazawa, Personal Information Protection...

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News stories posted during October 2011