International E-news - January 2010

  1. Israel and Andorra receive positive assessment on adequacy from EU Art. 29 DP Working Party
  2. China: data protection construed as tort

1. Israel and Andorra receive positive assessment on adequacy from EU Art. 29 DP Working Party

The European Union’s Art. 29 Data Protection Working Party announced yesterday that is has made a positive assessment of the level of data protection in Israel, and has decided the country guarantees an adequate level of protection for international data transfers. This assessment was made on the basis of several factors including the Basic Law, the Protection of Privacy Act 1991, case law and the independent status of Israel’s Law, Information and Technology Authority.

At the same time, the Working Party encourages the Israeli authorities to, in future legislative developments, adopt provisions that:

1. extend the application of legislation to manual databases
2. expressly applies the proportionality principle to the totality of personal data processing carried out by the private sector.

Andorra was awarded a similar opinion by the Art. 29 Data Protection Working Party on its adequacy. Both decisions were made at the meeting of the Working Party on 1 December 2009.

The Opinion on Israel was adopted on 1 December 2009. 

The Opinion on Andorra was adopted on 1 December 2009.

There will be a more detailed report in Privacy Laws & Business’s February International Newsletter.

Conference, Monday 25th October, Tel Aviv

Privacy Laws & Business is organizing a conference on Monday 25th October in Tel Aviv entitled: “Integrating privacy into your compliance programme in Israel”. The conference is for companies in Israel with international parents or subsidiaries. The aim is to encourage the adoption of companies' compliance programmes which are consistent between a company's operations in Israel and European Union and other countries with Data Protection laws.

For more information as the programme develops.

2. China: data protection construed as tort

The new Tort Liability Law construes data protection violations in China as a tort, reports law firm Hunton & Williams. The law states a general principle that any person who infringes on and damages “civil rights and interests” of other persons shall assume tort liability. A right to privacy is included in the list of the protected “civil rights and interests.” The Tort Liability Law was passed by the Standing Committee of China’s National People’s Congress on 26 December 2009.

China has a patchwork of general and specific laws affecting data protection and privacy. Read more in the PL&B International Newsletter, December 2009 (pp.21-22).

For further details on the Privacy Laws & Business International Newsletter, please click here.

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