Data Protection Law & Policy

Volume: 9 Issue: 1
(January 2012)

News

Commissioner Reding unveiled long-awaited proposals to amend the EU Data Protection Directive on 25 January, highlighting, in particular, the need for companies and for citizens to deal with one Data Protection Authority, and setting 'dissuasive' penalties at 2% of global turnover for serious data breaches. / read more

The Council of Europe (CoE) held a consultation on 27 January, to discuss proposals to modernise the Data Protection Convention 108, which came into force in 1981 and is the basis for the 1995 EU Directive. / read more

Mobile Marketing The Association (MMA) released its Mobile Application Privacy Policy - the first guidelines specifically addressing mobile privacy - on 25 January. / read more

Features

These are truly exhilarating times for the data protection world. Viviane Reding's recent announcement of the Commission's proposal for a fully harmonised European data protection framework had the connotations of an Olympic opening ceremony ­ the years of hard work in preparation for this moment, the sense of achievement in the face of challenge and the triumphant belief that something memorable is going to come out of this. Only the big drums and the flame were missing. The jury is now out but this is without a doubt the most significant global legislative development affecting the collection, use and protection of personal information of the past 15 years. / read more

Cybercriminals are becoming increasingly adept at stealing customer data, and regulators are becoming stricter about regulation and enforcement. Garry Sidaway, Director of Security Strategy, and Stuart Moen, Principal Security Consultant at Integralis, explore the ramifications. / read more

The European Commission's draft regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data could have a substantial impact on many United States corporations, but there are promising provisions. Susan L. Ross, Senior Counsel at Fulbright & Jaworski LLP, examines the impact the new regulations could have on the USA. / read more

We interview Ken-Ying Tseng, Partner at Lee and Li Attorneys-at-Law, about the highly anticipated amendments to the Taiwanese Computer-Processed Personal Data Protection Act. / read more

There are several relevant provisions under the newly proposed regulation on EU data protection law, most of them necessary to address the future challenges of data protection in an internet era. The principles of effectiveness (i.e. stronger powers to DPAs, PIAs, Privacy by Design), accountability and transparency are the founding stones on which the proposed regulation is built. / read more

Hungary's new data protection legislation entered into force on 1 January 2012 alongside Hungary's new constitution. Although reform of the Hungarian data protection law had been long overdue, the new provisions are at the very least controversial. As the European Commission commences legal action against the Hungarian government, Bálint Halász and Emma Drake, lawyers from Bird & Bird, review the new law and flag important new provisions. / read more

Due to the dynamism in the area of insurance, and due to the recent breach activity generated by "hactivists", breaches of payment cards data and geo-political hacking, the scope of most privacy insurance still equates to forensic discovery and investigation of potential breaches, notification of established breaches, and post-breach services such as credit monitoring and call centres. Rick Welsh, a privacy insurance expert, examines what is covered under privacy insurance and what is not. / read more

The proposed EU Data Protection Regulation (the 'proposed Regulation'), which was published by the European Commission on 25 January 2011 will - if adopted in its current form - have a fundamental impact on many activities of the life sciences industry. The ability to collect, analyse and transfer personal data, in particular health data, used in clinical trials, adverse event reporting and medical research, is critical both to the life sciences industry and to society more generally to ensure progress in medical science and safety. Accordingly, how the proposed Regulation may impact on such activities needs to be carefully examined. William Long, Counsel, and Anna Pavlou and Jessica Walsh, Associates, at Sidley Austin LLP, examine the raft of changes the Regulation may bring to this area. / read more

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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