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Data Protection Leader

Volume: 10 Issue: 4
(April 2013)


The Article 29 Working Party (WP29) adopted - on 2 April 2013 - Opinion 03/2013 ('the Opinion') which analyses the purpose limitation principle and calls for it to be strengthened under the Draft EU Data Protection Regulation (Draft Regulation), particularly with the increasing ubiquity of big data and open data. / read more

The Council of Europe (CoE) announced - on 12 April 2013 - that Uruguay has become the first non-European country to accede to the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (Convention 108) and its Additional Protocol. / read more

The USA Department of Commerce (DoC) issued - on 28 March 2013 - a Notice of Inquiry into 'Incentives to Adopt Improved Cybsersecurity Practices', seeking comments on a set of incentives designed to promote participation in the Cybersecurity Framework - currently being developed by the National Institute of Standards and Technology (NIST). / read more


There is an awesomeness factor in the way data about our digital comings and goings is being captured nowadays. That awesomeness is such that it cannot even be described in numbers. In other words, the concept of big data is not about size but about reach. In the same way that the 'wow' of today's computer memory will turn into a 'so what' tomorrow, references to terabytes of data are meaningless to define the power and significance of big data. The best way to understand big data is to see it as a collection of all possible digital data. Absolutely all of it. Some of it will be trivial and most of it will be insignificant in isolation, but when put together its significance becomes clearer - at least to those who have the vision and astuteness to make the most of it. / read more

As China's trickle of data privacy regulation threatens to turn into a cascade, companies operating in China will wish to closely monitor new and developing regulations, and maintain regular compliance checks to ensure internal policies and procedures adhere to this emergent legal framework. In the past year, China's data privacy framework has integrated a trio of developments - a law, regulation, and a voluntary national standard - that suggest the beginnings of a data privacy regime containing many of the common features existing in other jurisdictions. Further legislation, in particular for the mobile space, is expected shortly. Eric Carlson and Scott Livingston, Partner and Associate respectively at Covington & Burling in Beijing, outline these recent legislative efforts. / read more

The drive to develop a comprehensive cybersecurity framework has become a priority on both sides of the Atlantic. As part of its Cybersecurity Strategy - launched on 7 February 2013 - the EU published a draft Network and Information Security Directive. Similarly, President Obama issued - on 12 February 2013 - the long-awaited Executive Order, entitled 'Improving Infrastructure Cybersecurity', alongside Presidential Policy Directive/PPD 21, to establish a nationwide 'Cybersecurity Framework' and 'enhance the security and resilience of the Nation's critical infrastructure'. Jim Halpert, Partner and Co-Chair of the Global Data Protection Practice at DLA Piper LLP, explores the changing cybersecurity landscape in the US and the impact the Cybersecurity Framework will have on US businesses. / read more

New cookies and data breach notification rules under the Polish Act of 16 November 2012 ('the Amendments') came into effect on 22 March 2013, amending the Telecommunications Law and Certain Other Laws. The Amendments fully implement the revised EU telecoms rules into Polish law, and introduce fines of up to a maximum of 3% of company profits. Data Protection Law & Policy speaks to Julia Bonder-Le Berre, Associate at Baker & McKenzie Krzyzowski i Wspólnicy Spólka Komandytowa, to find out more. / read more

The Cayman Islands will table their draft Data Protection Bill in the Legislative Assembly in Summer 2013, following consultation by the Data Protection Working Group (DPWG) in 2012. Jan Liebaers, Deputy Information Commissioner and member of the DPWG, comments on the European-style approach and the islandsí aim to obtain the coveted EU Commission adequacy recognition. / read more

The Internet of Things, the principle of connected devices and objects that are uniquely identifiable, is becoming a reality. The prevalence and incorporation of technology into everyday life is a growing trend, resulting in a fusion of the real and virtual worlds. Dan Caprio, Senior Strategic Advisor at McKenna Long & Aldridge, and the transatlantic subject matter expert to the European Commission Expert Group on the Internet of Things, provides an overview of the policy and strategic concerns from both US and EU perspectives. / read more

Social media is an inescapable force in daily life, with both businesses and consumers embracing a medium that generates enormous amounts of data. Therein lies the variety of privacy concerns, including data collection and the difficulty of policing social media in the workplace. Ieuan Jolly, Head of Privacy, Security and Data Optimization at Loeb & Loeb LLP, examines the privacy trends associated with this vast user-generated library of data. / read more

The European Commission published its proposal for a General Data Protection Regulation on 25 January 2012; however it only has the power of initiative and cannot legislate. The fate of the reforms lies in the hands of the EU's co-legislators, the European Parliament and the European Council. Ruth Boardman, Partner & Co-head at Bird & Bird's International Data Privacy Practice, and Francis Aldhouse, Consultant at Bird & Bird and the former Deputy Information Commissioner, analyse the work of both co-legislators to date, and highlight areas that are of common concern. / 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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