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Data Protection Leader

Volume: 10 Issue: 2
(February 2013)


News

Amendments to the Data Protection Law and Data Protection Regulations, introduced by the Dubai International Financial Centre (DIFC), came into force on 23 December 2012. DIFC Law No. 5 of 2012 ('the Law') seeks 'to provide greater legal certainty by addressing a number of deficiencies and practicalities which have been identified since the establishment of the DIFC in 2004'. The Law applies to all companies operating within the DIFC Free Zone. / read more

The EU Commission adopted - on 5 February 2013 - two proposals to update the existing rules on anti-money laundering (AML) and fund transfers. The package includes: a Directive 2013/0025 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, and a proposal 2013/0024 for a Regulation on information accompanying transfers of funds. / read more

January - February 2013 / read more


Features

As recent as it is, the history of internet-based social networking has been a bit of a privacy roller coaster. It seems as if, popularity and commercial success aside, being a player in the online social and professional networking arena necessarily involves having to undergo a series of never ending tests aimed at proving that running a business that relies in its entirety on personal data is not only lawful but ethically sound. Examples of these tests range from responding to the constant scrutiny of the toughest privacy regulators on the planet to paying attention to the bottomless energy of a 'student on a mission'. The most recent example is the announcement by the Irish data protection commissioner that following Facebook's thorough assessment, the commissioner is now seeking to carry out a regulatory audit of all social and professional networking sites operating from its shores. Of all possible data businesses, why is social networking attracting so much regulatory attention?
/ read more

In 2012, shortly after the European Commission unveiled its proposal for the Data Protection Reform, the Obama Administration announced its 'Privacy Blueprint' for the US, calling for legislation containing a Privacy Bill of Rights and proposing enforceable codes of conduct developed through a so-called 'Multistakeholder Process'. Christopher Wolf, Partner at Hogan Lovells and Founder and co-Chair of the Future of Privacy Forum, discusses the developments in privacy law we may see in the US in 2013. / read more

The UK Prime Minister announced the establishment of the Leveson Inquiry on 13 July 2011 to investigate the culture, practices and ethics of the British press following the News International phone hacking scandal. A series of public hearings took place during 2011 and 2012, and the Leveson Report was published in November 2012, which included recommendations for a new, independent, body to replace the existing Press Complaints Commission, which would be acknowledged through the implementation of new laws. Ruth Boardman, Partner at Bird & Bird, examines the Information Commissionerís Office (ICO)ís response to the Report and the impact of its recommendations. / read more

The 'midata' initiative was born out of the UK Government's consumer empowerment strategy, 'Better Choices: Better Deals' which sets out ways for Government and other organisations to help empower consumers with their personal data. With increased data transparency resulting from participating in the midata initiative, businesses would have a distinct competitive advantage over their rivals. Victoria Hordern, Senior Associate at Field Fisher Waterhouse LLP, examines the growing movement of consumer empowerment, with reference to the UK midata project, and its implications for individuals and businesses. / read more

As threats to personal data continue to rise and the EU Commission's data proection reform looms, securing appropriate funding for data protection compliance will be top of most privacy professionals' agendas for 2013. But how should privacy professionals go about persuading the board to invest in privacy and data protection? Daniel Harris, Senior Consultant at Deloitte, discusses the intricacies of constructing a business case for privacy compliance. / read more

In part two of this feature, Hazel Grant and Nicola Fulford of Bristows, conclude their analysis of the UK Information Commissioner (ICO)'s guidance on cloud computing, while drawing comparisons with the practices of other EU regulators. / read more

The US Department of Health and Human Services issued the long-awaited final omnibus rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) on 17 January 2013, which has set a federal level baseline for US healthcare privacy. Kirk Nahra, Partner at Wiley Rein LLP discusses the evolving landscape of privacy in this industry after 40 years of legislative and political history. / 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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