News stories posted during 2012

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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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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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

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25/01/2012 by:

The European Commission proposes more accountability – no general notification duty – but bigger fines for non-compliance in the official proposals published today by the European Commission. The highest fine that was being planned, 5% of annual...

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Study published on role of DPOs in 14 EU countries

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08/02/2012 by:

The Confederation of European Data Protection Organisations (CEDPO), established in September 2011, welcomes the introduction of Data Protection Officers (DPOs) for EU Member States, as proposed by the European Commission’s draft Data Protection...

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Malaysian DP Act to enter into force in June

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16/02/2012 by:

Malaysia’s Information, Communications and Culture Minister, Datuk Seri Dr Rais Yatim, announced on 9 February that the Personal Data Act 2010 will be enforced from June 2012. According to Malaysia’s national news agency, Bernama, the minister mad...

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EPIC: FTC has to stop Google’s privacy policy change

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17/02/2012 by:

EPIC, the Electronic Privacy Information Center, based in the US, has sued the Federal Trade Commission (FTC) in an attempt to compel the FTC to act prior to 1 March, when Google plans to make changes to its terms of service so that individuals...

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Spain: Supreme Court declares part of secondary legislation void

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20/02/2012 by:

Spain's Supreme Court, which had submitted a question for a preliminary ruling to the European Court of Justice (ECJ) on the criteria for the processing of personal data without consent, has now declared void Article 10.2.b of the Spain's data...

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US publishes Consumer Bill of Rights promoting voluntary codes

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24/02/2012 by:

The Obama administration has issued a Consumer Privacy Bill of Rights with the aim of extending privacy protection to commercial sectors that are not subject to existing Federal data privacy laws. The Bill is based on Fair Information Practice...

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Google’s new privacy policy criticised by national DPAs in the EU

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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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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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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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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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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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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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Google fined $22.5m for monitoring of web surfing

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14/08/2012 by:

The US Federal Trade Commission (FTC) has imposed its biggest ever fine on Google. Users of Apple’s Safari browser who had a "do not track" privacy setting selected were still being monitored, according to the FTC. According to the FTC’s complaint...

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US FTC orders Facebook to correct deceptive privacy settings and apps program

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15/08/2012 by:

Following a public comment period, the US Federal Trade Commission (FTC) has accepted as final a settlement with Facebook which says the company shall not misrepresent in any manner the extent to which it maintains privacy or security for personal...

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New Zealand: Accident Compensation Corporation to be audited every two years

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23/08/2012 by:

An independent review into to the privacy breach by the Accident Compensation Corporation (ACC) says that while the breach was a result of a genuine error, it happened due to systematic weaknesses within ACC’s culture, systems and processes. A...

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EU formally approves Uruguay’s adequacy

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05/09/2012 by:

The European Commission issued its decision on 21 August on Uruguay’s adequacy for transfers of personal data from the European Union (Official Journal L 227, 23/08/2012). The Commission says that the legal standards for the protection of personal...

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Ireland's DPA satisfied with Facebook Ireland implementation of best practice recommendations

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21/09/2012 by:

Ireland's Data Protection Commissioner, Billy Hawkes, says that he is satisfied with the great majority of steps that Facebook Ireland (FB-I) has taken to follow his best practice recommendations.  The DPA’s report on its re-audit of Facebook,...

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EU DPAs recommend Monaco to be considered as adequate for data transfers

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28/09/2012 by:

The EU’s Data Protection Working Party has analysed the extent to which the Monaco DP regime fulfils the requirements for data transfers under the EU Data Protection Directive, and says that Monaco's DP law provides an adequate level of protection...

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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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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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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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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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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 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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