PL&B International E-news, Issue 66

1. China proposes a Data Protection Bill

The Bill is comprehensive in scope covering both public and private sectors and extends to the transfer of personal data to other countries. It establishes subject access rights, and remedies. The Bill shows more signs of EU than APEC influence. The Bill has provisions to extend its scope to Hong Kong, Macau and Taiwan.

2. European Court decides on copyright vs. privacy right

The Treaty of Lisbon, signed on 13 December, incorporates the European Union Charter of Fundamental Rights, approved in Strasbourg on 12 December. The Charter contains provisions establishing both the data protection right of access to personal information and the freedom of information general right of access to EU documents. The Treaty must now be ratified by Member States of the EU.

3. France’s CNIL enters conflict between EU privacy laws and US information demands

Companies complain of conflicts over data retention, pre-trial discovery, government demands and crimes of destroying documents. CNIL plans co-operation with other EU national DP authorities to engage with the USA.

4. Data Protection Authorities generally in favour of national data breach laws

PL&B is continuing its survey of 34 European national DP authorities. While a few DPA’s consider that their current laws already deal adequately with data breach issues, the majority favour specific provisions, either as part of an amendment to their current law or in a specific statute.

5. European Parliament and EU DP Supervisor reject EU Passenger Name Record initiative

Full details on all the above stories are in February’s Privacy Laws & Business International Newsletter, published today.

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Copyright Privacy Laws & Business 2008