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Data Protection Leader

Volume: 10 Issue: 6
(June 2013)


Justice and Home Affairs ministers from various Member States met in Luxembourg - on 6 June 2013 - as part of the EU Justice and Home Affairs Council (the Council) to discuss key issues proposed by the Irish Presidency on the draft Data Protection Regulation (draft Regulation). / read more

NHS surgeons have no general right under the UK Data Protection Act 1998 (DPA) to block the provision of performance data for NHS tables rating their performance. / read more

The Mexican data protection authority, Instituto Federal de Acceso a la Información y Protección de Datos (IFAI) imposed - on 6 March 2013 - a fine on Banamex, the Mexican divison of Citibank, of 16,155,000 MXN, approximately €1m or $US 1.3m. / read more


The current data globalisation phenomenon is largely due to the close integration of borderless communications with our everyday comings and goings. Global communications are so embedded in the way we go about our lives that we are hardly aware of how far our data is travelling every second that goes by. But data is always on the move and we don't even need to leave home to be contributing to this. Ordinary technology right at our fingertips is doing the job for us leaving behind an international trail of data - some more public than other. / read more

Since the EU data reform proposals were unveiled in January 2012, EU Commissioner Viviane Reding said the lobbying efforts have been "absolutely fierce" and on a scale never seen before. Joe McNamee, Executive Director at European Digital Rights, comments on the influence of these efforts. / read more

The UK Office of Fair Trading (OFT)'s recent report stems from its call for information in November 2012 to help it better understand how the use of consumer information affects online markets. In particular, the OFT was interested in data-driven personalised pricing - when a trader charges different prices to different people for the same product based on 'observed, volunteered, inferred or collected' personal data. / read more

The Caribbean region, in comparison with others, has been relatively slow to implement privacy legislation; only the Bahamas and Trinidad and Tobago have enacted data protection regimes. However, developments on the international stage are beginning to serve to change a region that historically did not prioritise data protection. Cherri-Ann Beckles, Assistant Archivist at The University of the West Indies, currently undertaking a doctorate on the relationship between data protection and records management at the University of Dundee, explores the obstacles that have hindered data protection in the past and what lies ahead for the Caribbean’s progress. / read more

A judgment by the Regional Court of Berlin (the Berlin court) in Germany, on 30 April 2013, caused consternation amongst privacy counsels when Apple’s privacy policy was judged non-compliant with German data protection legislation. Stephan Zimprich, Senior Associate at Field Fisher Waterhouse LLP, examines the impact of the judgment. / read more

With the proliferation of technology and the growing number of social media users, personal data has taken on a social dimension. Big Data analysis not only gives companies the chance to predict consumer behaviour and interests, but also provides the opportunity to influence future trends. Although viral marketing plays an increasing role in a company's greater marketing strategy as part of brand awareness, data protection issues must nonetheless be considered for any such campaign. Vanessa Barnett and Stephanie Woods, Partner and Trainee Solicitor respectively at Charles Russell LLP, explore the privacy landscape of viral marketing and the concept of consent in the social media context. / read more

The Foreign Account Tax Compliance Act (FATCA) was enacted in the USA on 18 March 2010. In Part One of this feature, Larke Frederickson, Kirsten Mycroft, Richard Phillips and Leeanne Grassnick of KPMG, explore the conflict between FATCA and data protection laws. They discuss how bilateral cooperation between governments through the implementation of Intergovernmental Agreements (IGAs) is addressing this tension. / read more

The use of privacy policies has become the norm for companies to comply with the EU data protection requirement to inform individuals about data processing activities. However, they have become lengthy legal documents that the everyday consumer does not understand. Cedric Burton, Senior Associate at Wilson Sonsini Goodrich & Rosati1, questions whether there is an overemphasis on notice requirements, and analyses potential alternatives. / 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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