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Data Protection Leader

Volume: 1 Issue: 1
(February 2004)


The Organisation for Economic and Co-operative Development meeting in Brussels on February 2 called on governments to step up the drive against spam. / read more

Data Protection managers and advisors, while welcoming the speed and clarity of the Information Commissioner’s (‘IC’) guidance on the Durant v FSA judgment have expressed concern about the status of the guidance. “The Appeal Court took an extremely narrow interpretation of the Directive,” said Sue Cullen, solicitor and data protection specialist at Masons. “You have to wonder what will be the view of the European Commission if UK data controllers have less of a burden than elsewhere in Europe.” / read more

The European Union made a further step towards the sharing of data between administrations with the publication in January of The European Interoperability Framework (EIF) for pan-European eGovernment services. / read more


Nobody would question that data protection is a hot topic these days. In the run up to Christmas we saw how data protection law was directly - yet unfairly - linked to the tragic Soham murders and the death of an elderly couple. The Information Commissioner and his officials were hounded by the press and privacy professionals were quoted all over the national media. This frenzy probably helped to create a distorted perception of what data protection is about, but also highlighted the everyday impact of an area of law often seen as remote and anoraky. / read more

On 3 February the Office of the Information Commissioner published revised guidance which goes to the heart of businesses’ data protection obligations. This follows a landmark ruling last December in which the Court of Appeal took a restrictive approach to the scope of ‘personal data’ under the Data Protection Act (“DPA”). This article looks at the implications of the guidance. The most immediate impact of the new guidance will be on the way businesses deal with requests by individuals for access to information held about them (‘subject access requests’), particularly where manual records are involved. However, the new guidance also sets out a new approach to the scope of ‘personal data’ and will therefore impact more widely on businesses’ data protection obligations. / read more

The Privacy and Electronic Communications (EC Directive) Regulations came into force in the UK on 11 December 2003. These Regulations represent a complete u-turn in the law applicable to direct marketing by electronic means and regulate the use of cookies and location-based services for the first time. / read more

Data Protection Managers carry the burden of making sure their companies and public authorities are compliant with the DPA and the Information Commissioner’s regulations. Each month a DP manager will explain how they address the every day challenges thrown up in their work. First to take the plunge is Martin Hoskins, Data Protection Manager for T-Mobile. / read more

Anyone who is involved in data protection within the public sector will know that “information sharing” is the hot activity of the moment. Whether people are doing it, want to be doing it, wish they could do it as well as other people, or actually think that they should be abstaining from doing it, it’s something that is going on all around us.

But does information sharing really deserve all this fuss? / read more

Data retention has been the subject of much controversy. This article examines the obligations to retain data under the existing legislation, who has access to data once collected and the case for a review of the law / read more

The United States Congress has passed a long-awaited bill that creates a nationwide regime for the regulation of spam email. The bill, known as the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (or “CAN-SPAM Act”), preempts many provisions of existing state anti-spam laws, including the highly restrictive California law that was set to take effect in January 2004. Because the new Act took effect on 1 January 2004, businesses that use email as a channel of advertising and communication in the United States must ensure their compliance with its requirements. This article looks at the provisions of the Act. / read more

About Data Protection Leader:

The monthly law publication which covers all aspects of data protection and data privacy. Topics covered include data transfers and outsourcing, data localisation and retention, the EU General Data Protection Regulation (GDPR), the e-Privacy Directive, data security, marketing and behavioural advertising, consent, employee monitoring, privacy compliance, risk management, DPO responsibilities, accountability, Privacy by Design, acquisition and mergers, the Internet of Things, cloud computing and Big Data / read more

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