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Data Protection Leader

Volume: 10 Issue: 5
(May 2013)


The UK Office of Fair Trading (OFT) announced - on 17 May 2013 - that it had written to over 60 leading online businesses as part of their investigation into organisations' transparency concerning their data collection and use practices. / read more

The Article 29 Data Protection Working Party (WP29) issued - on 13 May 2013 - an Advice Paper on Essential Elements of a Definition and a Provision on Profiling within the draft EU General Data Protection Regulation. / read more

The Financial Communications Commission (FCC) issued - on 9 May 2013 - a declaratory ruling that sellers who use third party telemarketers may be held 'vicariously liable under federal common law principles of agency'. / read more


Telling people about the uses made of their personal information is probably the most widespread obligation across all data privacy frameworks around the world. This derives from the fact that data privacy law has always been understood as a means to give people control - or at least a degree of control - over how others use their personal information. Therefore, for individuals to be able to exercise the appropriate level of control, it is imperative that they are first told how their information will be used. So irrespective of whether the use of that information is legitimised by an individual's consent, there is still an overarching obligation to be transparent about personal data uses. Recent developments confirm that this principle is still very much alive in the mindsets of regulators but also that compliance with the transparency obligation - as fundamental as it may be - is not without its challenges. / read more

On 21 March 2013 the Justice Select Committee of the House of Commons published a report entitled 'The functions, powers and resources of the Information Commissioner'. The Report recommended, among other things, that the Commissioner's powers of compulsory audit be extended to NHS Trusts and local authorities. Rosemary Jay, Senior Attorney at Hunton & Williams LLP, examines the background to this debate, the powers of the Commissioner to conduct audits, and the possible impact of an extension to the Commissioner's powers. / read more

The data protection reform proposals submitted by the European Commission on 25 January 2012 have been a topic of intense debate, and will impact nearly every business sector. Peter Schaar, Federal Commissioner for Data Protection and Freedom of Information in Berlin, comments on the proposed changes and Europe's position as a pioneer of data protection. / read more

Following the World Anti-Doping Agency (WADA)'s final consultation of the draft World Anti-Doping Code 2015 with plans to finalise the Code and present it at the World Conference on Doping in Sport in November 2013, the Article 29 Working Party (WP29) addressed its opinion to WADA highlighting its concerns of the draft Code in light of the ongoing EU data protection reform. How can the goals of Anti- doping be balanced with the EU data protection requirements and a potential regulation? Daniel Cooper and Kristof van Quathem, Partner and Data Protection Advisor respectively at Covington & Burling LLP, examine the impact of the EU data protection reform in the world of anti-doping. / read more

Despite promises made in 2012 to adopt a voluntary 'Do Not Track' (DNT) standard in the USA, the American advertising industry has so far failed to agree on the terms of such a standard. Not only has this prompted officials to closely scrutinise industry efforts, but growing friction between online advertisers and browser providers concerning in-built DNT features could lead to a technology war between the privacy industry and the advertising industry. Mark Little, Principle Analyst at Ovum, explores the turbulent internet-tracking landscape. / read more

Over the years, the Information Commissioner's Office (ICO) has steadily increased its enforcement activities in the private sector. In 2012, approximately one third of the ICO cases, including 25 fines, were against the private sector. Stewart Room, Partner at Field Fisher Waterhouse, examines the current enforcement environment and provides analysis of the future ICO enforcement activities. / read more

In November 2011, leaders of the 21 Asia-Pacific Economic Cooperation (APEC) Economies endorsed the implementation of the APEC Cross Border Privacy Rules (CBPR) System1. Despite endorsement of CBPR, very few APEC Economies have taken the necessary steps to sign on as formal participants of CBPR. Peter Leonard and Michael Burnett, lawyers at Gilbert + Tobin Lawyers, discuss the merits of the APEC CBPR System (the System) and analyse the pros and cons from participating in the scheme. / 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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