PL&B International Enews Issue 47

1. France’s CNIL uses its new fining power for the first time

Using its new powers under the Data Protection Act 2004 for the first time, France’s Data Protection Authority, the CNIL, has imposed a fine of 45,000 Euros on Credit Lyonnais, one of France’s leading financial institutions. This substantial fine was for ‘abusive’ filing of information about clients with the Bank of France, and for impeding the CNIL in its investigation of complaints. The fine was imposed on 28 June but announced by the CNIL on September 4th.

2. Canadian Supreme Court Calls for Stronger Privacy Commissioner Powers

The Canadian Supreme Court has joined critics of the Privacy Act in urging stronger enforcement powers for the Privacy Commissioner. It did this in deciding a case brought under the Access to Information Act seeking access to records about HJ Heinz from the Canadian Food Inspection Agency. By 4 to 3 (on 21 April) the Court ruled that the records should not be disclosed because they included confidential personal information. If they had been disclosed, the Court said that the powers of the Privacy Commissioner to protect the personal information in them would have been inadequate.

Fuller information on the above stories will be featured in PL&B’s October’s International Newsletter to be published next week.

3. Russia’s new DP law to enter into force in February 2006

Russia’s new law About Personal Personal Data (PL&B International August 2006 p.1) draws on both European Union and United States sources. While the legislature, the Duma, has adopted a law which addresses personal data issues, the government has not yet made clear how the new law will be enforced. Although the law puts enforcement into the hands of a federal executive body, no appointments have yet been made to this organization.

The new Russian law will be discussed by Lana Howarth, Barrister, Berwin Leighton Paisner, at a meeting of the European Privacy Officers Network in London on November 1st. PL&B has also invited the person responsible for drafting the law in the State Duma Committee on Constitutional Legislation and State Construction to discuss the new law at this meeting.

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Copyright Privacy Laws & Business 2006