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Data Protection Leader

Volume: 10 Issue: 11
(November 2013)


News

The European Commission (EC) released - on 27 November 2013 - its Communications on Rebuilding Trust in EU-US Data Flows and on the Functioning of the Safe Harbor from the Perspective of EU Citizens and Companies Established in the EU. It made 13 recommendations to improve the enforcement and adequacy of the US-EU Safe Harbor Framework, which is used by several companies to transfer data from Europe to the US. / read more

The Malaysian Government published - on 14 November 2013 - the entry into force date of the Personal Data Protection Act (PDPA) 2010. The Act will enter into force on 15 November 2013 and will introduce an omnibus privacy regime in Malaysia for the first time. The publication of the PDPA is accompanied by a number of regulations and orders that clarify some of its provisions. / read more

The European Data Protection Supervisor (EDPS) issued - on 5 November 2013 - a comment on the proposed amendments to the Directive 2011/16/EU on administrative cooperation in the field of taxation (Directive), which aims to improve the automatic exchange of information (AEOI) for reducing tax fraud and tax evasion. The proposed amendments would expand the scope of the AEOI and would require Member States to exchange data relating to dividends, capital gains, other financial income and account balances. / read more


Features

One thing that is clear in the context of the ongoing EU data protection reform is that speculation is rife. Everyone seems to have a view on what will happen. Most people seem to think that the chances of agreeing a new framework before the end of the current Parliament mandate in April 2014 are pretty much nil. A few others are more hopeful and believe that the political will of those involved and the relentless enthusiasm of the European Commission may just be powerful enough to achieve a little miracle. At a more granular level, speculation about the future of Safe Harbor or BCR for processors, and about the outcome of the interlinked debates on the concept of personal data, consent, legitimate interests, profiling, one stop shop and a hundred other micro-issues is only creating more questions than answers. / read more

Jan-Philipp Albrecht, Lead Rapporteur for the Civil Liberties, Justice and Home Affairs (LIBE) Committee, was interviewed by Lindsey Greig, CEO of DataGuidance - the sister publication of Data Protection Law & Policy - following the European Parliament voting on sweeping reforms to the data protection landscape in Europe. Albrecht lays down his views on how the final proposal was shaped, and the catalysts behind certain provisions and changes, all the while dissecting how implementation and interpretation could take place. / read more

On 21 October 2013, the Civil Liberties, Justice and Home Affairs Committee (LIBE) of the European Parliament voted on the amended draft (‘the LIBE draft’) of the General Data Protection Regulation (‘the Regulation’). This article details the views of David A. Hoffman, Director of Security Policy and Global Privacy Officer at Intel Corporation, on some of the positive features of the LIBE draft, and areas most in need of modification. / read more

Following the LIBE Committee’s vote on the EU proposals on 21 October 2013, a number of questions were raised on the role of Data Protection Authorities (DPAs), the resources they would need to tackle their expanded responsibilities, and the challenging task they would have in ensuring consistent application of data protection law across 28 Member States. In this regulators’ roundtable, Frances Chen of Data Protection Law & Policy interviewed Peter Schaar, the Federal Commissioner for Data Protection in Germany, Billy Hawkes, the Irish Data Protection Commissioner, and Wojciech Rafał Wiewiórowski, the Polish Inspector General for Personal Data Protection, to obtain their reactions on how the Regulation could increase DPAs’ cooperation, how independence and empowerment of DPAs are ensured, and the issues they foresee in the process. / read more

It is very important for any responsible company to support effective privacy protection for users, and more workable rules for businesses to achieve such protection. Industry and consumers can benefit from clear, harmonised rules. But we also recognise that online companies, in particular, need some flexibility to innovate and develop new privacy solutions. / read more

The EU Data Protection Regulation (‘the Regulation’) could have significant implications for any large complex or globally trading organisation that handles large amounts of data either in relation to its customers or employees. Full details of the Regulation will remain unclear until the final text is released. However, there are several broad themes that will immediately impact any organisation that processes personal information. / read more

Regulation No 611/2013 on the measures applicable to the notification of personal data breaches under EU Directive 2002/58/EC on privacy and electronic communications is applicable to ‘publicly available electronic communications services’, 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. / 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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