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Data Protection Leader

Volume: 10 Issue: 1
(January 2013)


News

The EU Parliament held their second meeting to discuss the LIBE Committee’s Report on the EU data protection reforms on 21 January 2013. During the meeting, Axel Voss MEP noted that the expanded definition of profiling could harm businesses, in particular the marketing and advertising industries. / read more

The long-awaited changes to the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act were issued on 17 January 2013 by the US Department of Health and Human Services (HHS). The new Rule will come into force on 23 March 2013, and will become mandatory six months later on 23 September. / read more

The European Commission formally recognised – on 19 December 2012 – the adequacy of the data protection regime in New Zealand, making it the first Asia-Pacific country to do so. / read more


Features

The beginning of 2013 could not have been more dramatic for the future of European data protection. After months of deliberations, veiled announcements and guarded statements, the rapporteur of the European Parliament’s committee responsible for taking forward the ongoing legislative reform has revealed his position loudly and clearly. Jan-Philipp Albrecht’s proposal is by no means the final say of the Parliament but it is an indication of where an MEP who has thought long and hard about what the new data protection law should look like stands. The reactions have been equally loud. The European Commission has calmly welcomed the proposal, whilst some Member States’ governments have expressed serious concerns about its potential impact on the information economy. Amongst the stakeholders, the range of opinions vary quite considerably – Albrecht's approach is praised by regulators whilst industry leaders have massive misgivings about it. So who is right? Is this proposal the only possible way of truly protecting our personal information or have the bolts been tightened too much? / read more

Italy's data protection framework, as set forth by Legislative Decree of 30 June 2003, No. 196 (Data Protection Code), has been significantly amended over the last year. However, the piecemeal approach of the legislature has created uncertainties, noted by the Garante in November 2012, which stated the current system is "complex and difficult to read", requesting that the Italian Parliament and Government evaluate their approach to data protection. Laura Liguori and Federica de Santis, Partner and Associate at Portolano Cavallo Studio Legale, outline the successive changes that have occurred in Italy and what we can expect to see this year. / read more

One of the core – but intended – tensions in the EU legislative process is that between the national governments – represented by the Council of Ministers and the European Parliament. These two co-legislators often have very different outlooks and agendas that in many ways counterbalance each other. Christian Wiese Svanberg, from the Danish Ministry of Finance and former Co-Chair of the EU Council Working Group on Data Protection, explores how the negotiations on the Draft Data Protection Regulation have developed and how they will continue to do so in 2013.
/ read more

In Autumn 2012, the Information Commissioner's Office (ICO) published its Guidance on the use of cloud computing. This is one of a range of views from European data protection regulators on the cloud in the latter part of the year. Part one of this article – written by Hazel Grant and Nicola Fulford of Bristows LLP – focuses on the ICO's guidance, with some comparisons made to the views of other regulators. It does not cover other regulators' opinions in detail and assumes at least a basic knowledge of what 'the cloud' is generally understood to mean. / read more

A significant milestone was reached on 12 December 2012, when the UK Government published its decision on the regulatory framework that will underpin how valuable energy consumption data (Consumption Data) generated and transmitted by smart energy meters may be accessed and managed. David Lewis, Senior Associate at Field Fisher Waterhouse LLP, considers the data protection compliance implications of the new rules. / read more

2013 will see mobile devices surpass desktop computers as the most common web access tool. However, in an industry where technology moves faster than legislation, privacy must continually adapt. Data Protection Law & Policy spoke with Frank Dawson, Director of Information Privacy Standards at Nokia, about the balance between m-privacy and innovation. / read more

Surveys show Americans have a 'common belief' and 'strong expectation' that personal health information will not be disclosed without consent1. How and when will our healthcare systems meet their expectations of privacy? The 'cure' for privacy and trust in health IT systems in the US is to move from 'institutional' control over personal health data to patient control. We can do it in five years, writes Deborah C. Peel, MD, Founder and Chair of Patient Privacy Rights, a US non-profit organization, as she discusses, in the following article, how America's current technology architectures and systems facilitate hidden data flows and how this can be managed more effectively. / 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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