Data Protection Law & Policy
Current Issue
Volume: 10 Issue: 4
News
The Article 29 Working Party (WP29) adopted - on 2 April 2013 - Opinion 03/2013 ('the Opinion') which analyses the purpose limitation principle and calls for it to be strengthened under the Draft EU Data Protection Regulation (Draft Regulation), particularly with the increasing ubiquity of big data and open data. /
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The Council of Europe (CoE) announced - on 12 April 2013 - that Uruguay has become the first non-European country to accede to the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (Convention 108) and its Additional Protocol. /
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The USA Department of Commerce (DoC) issued - on 28 March 2013 - a Notice of Inquiry into 'Incentives to Adopt Improved Cybsersecurity Practices', seeking comments on a set of incentives designed to promote participation in the Cybersecurity Framework - currently being developed by the National Institute of Standards and Technology (NIST). /
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Features
There is an awesomeness factor in the way data about our digital comings and goings is being captured nowadays. That awesomeness is such that it cannot even be described in numbers. In other words, the concept of big data is not about size but about reach. In the same way that the 'wow' of today's computer memory will turn into a 'so what' tomorrow, references to terabytes of data are meaningless to define the power and significance of big data. The best way to understand big data is to see it as a collection of all possible digital data. Absolutely all of it. Some of it will be trivial and most of it will be insignificant in isolation, but when put together its significance becomes clearer - at least to those who have the vision and astuteness to make the most of it. /
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As China's trickle of data privacy regulation threatens to turn into a cascade, companies operating in China will wish to closely monitor new and developing regulations, and maintain regular compliance checks to ensure internal policies and procedures adhere to this emergent legal framework. In the past year, China's data privacy framework has integrated a trio of developments - a law, regulation, and a voluntary national standard - that suggest the beginnings of a data privacy regime containing many of the common features existing in other jurisdictions. Further legislation, in particular for the mobile space, is expected shortly. Eric Carlson and Scott Livingston, Partner and Associate respectively at Covington & Burling in Beijing, outline these recent legislative efforts. /
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The drive to develop a comprehensive cybersecurity framework has become a priority on both sides of the Atlantic. As part of its Cybersecurity Strategy - launched on 7 February 2013 - the EU published a draft Network and Information Security Directive. Similarly, President Obama issued - on 12 February 2013 - the long-awaited Executive Order, entitled 'Improving Infrastructure Cybersecurity', alongside Presidential Policy Directive/PPD 21, to establish a nationwide 'Cybersecurity Framework' and 'enhance the security and resilience of the Nation's critical infrastructure'. Jim Halpert, Partner and Co-Chair of the Global Data Protection Practice at DLA Piper LLP, explores the changing cybersecurity landscape in the US and the impact the Cybersecurity Framework will have on US businesses. /
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New cookies and data breach notification rules under the Polish Act of 16 November 2012 ('the Amendments') came into effect on 22 March 2013, amending the Telecommunications Law and Certain Other Laws. The Amendments fully implement the revised EU telecoms rules into Polish law, and introduce fines of up to a maximum of 3% of company profits. Data Protection Law & Policy speaks to Julia Bonder-Le Berre, Associate at Baker & McKenzie Krzyzowski i Wspólnicy Spólka Komandytowa, to find out more. /
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The Cayman Islands will table their draft Data Protection Bill in the Legislative Assembly in Summer 2013, following consultation by the Data Protection Working Group (DPWG) in 2012. Jan Liebaers, Deputy Information Commissioner and member of the DPWG, comments on the European-style approach and the islands’ aim to obtain the coveted EU Commission adequacy recognition. /
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The Internet of Things, the principle of connected devices and objects that are uniquely identifiable, is becoming a reality. The prevalence and incorporation of technology into everyday life is a growing trend, resulting in a fusion of the real and virtual worlds. Dan Caprio, Senior Strategic Advisor at McKenna Long & Aldridge, and the transatlantic subject matter expert to the European Commission Expert Group on the Internet of Things, provides an overview of the policy and strategic concerns from both US and EU perspectives. /
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Social media is an inescapable force in daily life, with both businesses and consumers embracing a medium that generates enormous amounts of data. Therein lies the variety of privacy concerns, including data collection and the difficulty of policing social media in the workplace. Ieuan Jolly, Head of Privacy, Security and Data Optimization at Loeb & Loeb LLP, examines the privacy trends associated with this vast user-generated library of data. /
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The European Commission published its proposal for a General Data Protection Regulation on 25 January 2012; however it only has the power of initiative and cannot legislate. The fate of the reforms lies in the hands of the EU's co-legislators, the European Parliament and the European Council. Ruth Boardman, Partner & Co-head at Bird & Bird's International Data Privacy Practice, and Francis Aldhouse, Consultant at Bird & Bird and the former Deputy Information Commissioner, analyse the work of both co-legislators to date, and highlight areas that are of common concern. /
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About Data Protection Law & Policy:
The monthly law journal which covers all aspects of data protection and data privacy: data transfer & outsourcing, marketing and e-marketing, freedom of information (FOI), employee monitoring, privacy compliance, online data acquisition and consent, personal data, website compliance and emerging technologies such as behavioural advertising, cloud computing and smart grids. / read more
Editor's Insight
Big data means all data
Take transactional data as a starting point. One purchase by one person is meaningful up to a point - so if I buy a cookery book, the retailer may be able to infer that I either know someone who is interested in cooking or I am interested in cooking myself. If many more people buy the same book, apart from suggesting that it may be a good idea to increase the stock of that book, the retailer as well as other interested parties - publishers, food producers, nutritionists - could derive some useful knowledge from those transactions. If I then buy cooking ingredients, the price of those items alone will give a picture of my spending bracket. As the number of transactions increases, the picture gets clearer and clearer. Now multiply the process for every shopper, at every retailer and for every transaction. You automatically have an overwhelming amount of data about what people do with their money - how much they spend, on what, how often and so on. Is that useful information? It does not matter; it is simply massive and someone will certainly derive value from it.
That's just the purely transactional stuff. Add information about at what time people turn on their mobile phones, switch on the hot water or check their e-mail, which means of transportation they use to go where and when they enter their workplaces - all easily recordable. Include data about browsing habits, app usage and means of communication employed. Then apply a bit of imagination and think about this kind of data gathering in an Internet of Things scenario, where offline everyday activities are electronically connected and digitally managed. Now add social networking interactions, blogs, tweets, internet searches and music downloads. And for good measure, include some data from your GPS, hairdresser and medical appointments, online banking activities and energy company. When does this stop? It doesn't. It will just keep growing. It's big data and is happening now in every household, workplace, school, hospital, car, mobile device and website.
What has happened in an uncoordinated but consistent manner is that all those daily activities have become a massive source of information which someone, somewhere is starting to make use of. Is this bad? Not necessarily. So far, we have seen pretty benign and very positive applications of big data - from correctly spelt internet searches and useful shopping recommendations to helpful traffic-free driving directions and even predictions in the geographical spread of contagious diseases. What is even better is that, data misuses aside, the potential of this humongous amount of information is as big as the imagination of those who can get their hands on it, which probably means that we have barely started to scratch the surface of it all.
Our understanding of the potential of big data will improve as we become more comfortable and familiar with its dimensions but even now, it is easy to see its economic and social value. But with value comes responsibility. Just as those who extract and transport oil must apply utmost care to the handling of such precious but hazardous material, those who amass and manipulate humanity's valuable data must be responsible and accountable for their part. It is not only fair but entirely right that the greater the potential, the greater the responsibility, and that anyone entrusted with our information should be accountable to us all. It should not be up to us to figure out and manage what others are doing with our data. Frankly, that is simply unachievable in a big data world. But even if we cannot measure the size of big data, we must still find a way to apportion specific and realistic responsibilities for its exploitation.
Eduardo Ustaran
eduardo.ustaran@ffw.com