Volume: 1 Issue: 10
(November 2004)

News

A spammer, who was claimed to rank in the top ten spammers in the world, was sentenced to nine years in prison by Loudon Circuit Court in Virginia on 3 November. / read more

The European Commission is urging data protection authorities throughout the EU to suspend data flows to the United States if they consider there is a substantial likelihood that Safe Harbor Principles are being violated. The Commission’s much awaited second report on the Safe Harbor mechanism for the lawful transfer of personal data to the US from the EU, published on 25 October reveals serious shortcomings in the Privacy Principles model. / read more

Data Protection Law & Policy is organising a half-day Special Briefing on Thursday December 16 in London on international data transfers. / read more

Features

I hate it when you are about to sign a contract after weeks, if not months, of negotiations and the other party candidly says “well, we can finally put this piece of paper in the drawer and get on with the real work”. What about what you said you were going to do? What about that implementation timetable we debated so heatedly? What about those service levels you finally agreed to? Clearly, the whole thing was some kind of faked drama, as our fiercely fought agreement is now doomed to collect dust in a drawer full of similar documents. This is how the European Commission must have felt after their deal with the US Department of Commerce on a self-regulatory framework that would allow US organisations to satisfy the requirements of the European data protection directive. / read more

Christopher Rees and Nyree Embiricos of Herbert Smith share their recent experience of Online Social Networks (OSNs) and consider the security and privacy issues associated with the use of these networks, particularly where employees use OSNs in the work place. / read more

This article considers the scope of terms like spyware and adware and considers how far these phenomena are already addressed by UK law. It concludes with some practical advice on steps businesses can take to limit their exposure to the risks posed by these applications. / read more

In this article, Allan Campbell, Head of Data Protection at Prudential, discusses compliance and managing data protection risks internally and in offshore operations. / read more

Following publication of a guidance note on the meaning of terms used in the Irish Data Protection Act 1988 and the Irish Data Protection Amendment Act 2003, this article reviews that guidance and compares the Irish position to that in England. / read more

The internet allows for seamless global communications and transactions but national laws do not. Transactions that in one country are perfectly legal in another can lead to a prison sentence. In this world, knowing where your customer is located is a matter of significant importance. This article looks at how the problems of geolocation can be addressed. / 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