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Data Protection Leader

Volume: 10 Issue: 10
(October 2013)


EU Parliament’s Civil Liberties, Justice & Home Affairs Committee (LIBE) voted on 21 October 2013, on a compromise package which would dramatically reform the data protection landscape in Europe. / read more

Following the conclusion of the LIBE vote on the amendments for the draft EU General Data Protection Regulations, the amended Article 20 on Profiling (Profiling Article) now provides every ‘natural person’ with the ‘right to object’ to profiling and they must be informed of this right in a ‘highly visible manner’. However, consent is not “necessarily required”. / read more

LIBE MEPs increased the sanctions for non-compliance with the General Data Protection Regulation, under Article 79 of the compromise package, whereby companies would face fines of up to € 100 million or up to 5% of annual worldwide turnover, whichever is greater. / read more


When the European Commission published its proposal for a new regulation aimed at rejuvenating the 1995 Data Protection Directive in 2012, there was one major feature that stuck out above everything else. Beyond the obvious objective of tackling the data privacy challenges of the 21st century, all of the novelties proposed by the Commission had one thing in common: the principles, rights and obligations were far more prescriptive in nature than under the Directive. This was perhaps a natural consequence of having to draft a directly applicable regulation, but it represented a fundamental change from the way European data protection had operated until now. / read more

While governments worldwide invoke their duty to protect their citizens in an effort to combat terrorism, the right to privacy is often overlooked. Privacy is sometimes seen as a hurdle for national security and concerns are raised whether privacy and national security can co-exist in a democratic, transparent society. Drudeisha Madhub, the Data Protection Commissioner of Mauritius, analyses the current imbalance between governments¹ surveillance practices and the right to privacy - while questioning whether a viable solution can be found. / read more

Imagination knows no bounds; yet, in today’s world, imagination is the only constraint to what we build and develop. Rapid advances in technology bring new dimensions to the world of data security and privacy, and with that, new fears. The future is likely to be a world built by data. This means we will fear constantly for the security of our data and infringements to our right to privacy. Or does it? Is our concern for our data protection and privacy legitimate or unfounded? Brian David Johnson, Chief Futurist at Intel, explains the concept of fear and privacy from the future. / read more

Regulation No 611/2013 on the measures applicable to the notification of personal data breaches under Directive 2002/58/EC on privacy and electronic communications is applicable to ‘publicly available electronic communications services’, and outlines the procedure to be followed in the event that a subscriber’s or an individual’s data is accidentally or unlawfully lost, stolen, altered, disclosed, compromised or accessed when in the control of a provider. Under the ePrivacy Directive, companies were obliged to inform their ‘competent national authority’ in case of a breach of a subscriber or an individual’s data ‘without undue delay’. Only in certain circumstances, such as when the personal data or the privacy of an individual was adversely affected, was there an obligation to inform the individual. / read more

The crowdsourcing phenomenon, where the wisdom of the crowd is used to accelerate creativity across a large network or a practice of opening up a problem and/or task to the public, has risen in popularity and has benefits both for businesses and respondents. However, several legal questions come into play. Perhaps the most widely considered one is that of intellectual property, another is product liability, and yet another is liability for defamation and so on. One area that is just emerging as relevant to crowdsourcing is privacy. Arye Schreiber, Cyber and Privacy Lawyer at Schreiber & Co Law and the founder of Merjerz, explores two important angles: risks to privacy that crowdsourcing poses and enhancements for privacy that crowdsourcing offers. / read more

With more and more countries adopting data protection laws across continents and companies facing increasing fines for non-compliance, the need for privacy professionals is rising as ever. The expanding privacy community has to respond to legislative changes and technological developments whilst driving the privacy agenda economically within budget-conscious businesses. Within this context, Andrew Clearwater, Attorney at Binary Legal LLC, explores the historical background, the evolution, challenges and prospects of the privacy community. / read more

From June 2013, the National Health Service (NHS) in England began the staged publication of treatment outcome information for over 3,500 individual hospital consultants across ten specialties. The information, freely available online via NHS England’s website, lists each consultant by name and includes a summary of the procedures they have carried out and how many of their patients died or suffered another undesirable outcome. This NHS initiative although supported by the Information Commissioner’s Office (ICO) as providing ‘greater levels of transparency’, does raise questions for data protection practitioners. Richard Parker, Solicitor at Hill Dickinson LLP, who specialises in advising health sector organisations on information governance, explores the challenges behind privacy rules and healthcare transparency. / 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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