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Data Protection Leader

Volume: 10 Issue: 7
(July 2013)


News

The World Wide Web Consortium (W3C) rejected – on 16 July 2013 – the industry proposal offered by the Digital Advertising Alliance (DAA) and others on a Do Not Track (DNT) initiative, finding it ‘at odds with chartered aims and the weight of group consensus’ on key issues such as targeted advertising and the threshold for 'de-identification'. / read more

The European Data Protection Supervisor (EDPS) published his Opinion on the European Commission’s (EC) proposals on money transfers, anti-money laundering (AML) and terrorist financing (the Opinion) on 4 July 2013. / read more

The USA Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced – on 11 July 2013 – that the managed care company WellPoint Inc. had agreed to pay $1.7m to settle potential violations of the HIPAA Privacy and Security Rules. / read more


Features

At present, there is a visible mismatch between the globalisation of data and the multinational approach to privacy regulation. Data is global by nature as, regulatory limits aside, it runs unconstrained through wired and wireless networks across countries and continents. Put in a more poetic way, a digital torrent of information flows freely in all possible directions every second of the day without regard for borders, geographical distance, or indeed legal regimes and cultures. Data legislation on the other hand is typically attached to a particular jurisdiction – normally a country, sometimes a specific territory within a country and occasionally a selected group of countries. As a result, today, there is no such thing as a single global data protection law that follows the data as it makes its way around the world. / read more

As the UK Information Commissioner’s Office (ICO) issues its 34th monetary penalty notice for another high-profile breach, it seems appropriate to examine human behaviour at work – particularly when wrong behaviours can result in costly fines of up to Ł500,000 and, more importantly, exponentially higher costs in terms of damage to brand and reputation. Richie Evans and Harald Erkinger, Manager and Senior Manager at Deloitte respectively, analyse the need and structure of workplace privacy-awareness training programmes / read more

The transatlantic data transfer landscape is changing; Binding Corporate Rules are on the rise and Safe Harbor has recently been called into question in light of the revelations that the National Security Agency has carried out extensive eavesdropping under authority of the Foreign Intelligence Surveillance Act (FISA) court in the USA. In Part One of this feature, Damon Greer, Director of the USA-EU and Swiss Safe Harbor Frameworks from July 2006 to September 2011, addresses concerns over Safe Harbor’s adequate level of protection and explores the dialogue that has led to this point. / read more

Following the analysis on the USA Foreign Account Tax Compliance Act (FATCA) and national data protection laws, in Part Two of this feature, Larke Frederickson, Kirsten Mycroft, Richard Phillips and Leeanne Grassnick of KPMG, provide best practice recommendations to help financial institutions (FIs) to ensure proper use of data and the correct reporting of customer information, and to enhance customer confidence in FIs. / read more

EU Commissioner for Justice, Viviane Reding, recently stated that the debate on PRISM could affect negotiations on the EU-USA Free Trade Agreement, while warning that the "dizzying" revelations "are a wake-up call for us to advance on our data protection reform for both the private and public sector." Additionally, the Committee on Civil Liberties, Justice and Home Affairs (LIBE) will hold 12 PRISM inquiry hearings before 2013 with USA and EU Member State authorities, legal and IT experts, NGOs and data protection authorities, among others. Wojciech R. Wiewiórowski, the Polish Inspector General for the Protection of Personal Data (DPA), explores the legal obligations that companies have towards law enforcement agencies and examines the PRISM debate from a regulator’s perspective. / read more

Slovakian Act No. 122/2013 Coll., on protection of personal data (new Law) came into effect on 1 July 2013. The majority of the Law modifies the obligations already imposed on data controllers and data processors prescribed by Act No. 428/2002 Coll., on protection of personal data, as amended (old Law). The new Law imposes stricter rules in some aspects and relaxes it in others. Tomáš Rybár and Jana Černáková, Partner and Attorney at Čechová & Partners, examine the new data protection obligations in Slovakia. / read more

Confidentiality policies are a staple of the modern workplace, and are commonly found in employee handbooks, employment agreements, policy manuals, and social media policies. However, the use of such policies has taken on a new element of risk because of a series of recent decisions from the USA National Labor Relations Board (NLRB). Eric Paltell and Susan Lee Bathgate, Esquires at Kollman & Saucier, P.A., analyse the recent NLRB cases and provide best practice pointers for drafting workplace confidentiality policies. / 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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