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Data Protection Leader

Volume: 10 Issue: 8
(August 2013)


News

The Information Rights Tribunal (the Tribunal) released - on 21 August 2013 - a preliminary decision reversing a £250,000 fine issued by the Information Commissioner's Office (ICO) against the Scottish Borders Council (the Council). / read more

The Article 29 Working Party (WP29) published a letter - on 13 August 2013 - addressed to EU Commission Vice President Viviane Reding, requesting clarification on a number of points relating to the collection and access of data on non-USA persons by American intelligence authorities. / read more

The South African Parliament passed - on 22 August 2013 - the Protection of Personal Information (POPI) Bill, which is expected to come into force before the end of the year. / read more


Features

This may sound as an overstatement, but privacy impact assessments (PIAs) are likely to become the most vital item in the privacy professionals’ toolkit. One of the earliest guidance documents into the world of PIAs, the New Zealand Office of the Privacy Commissioner PIA Handbook, describes the concept as a systematic process that evaluates a proposal in terms of its impact upon privacy. That is a slightly abstract description, but it captures some of the crucial elements that make this tool so useful. The reference to a PIA being a systematic process means that those who put it into practice should ideally follow an established approach that suits the culture and operations of the organisation. In other words, whatever a PIA is designed to deliver, it is essential that it is embedded in the workings of the organisation and is seen as sufficiently meaningful and constructive. / read more

Although the cloud computing model differs significantly from traditional IT outsourcing models, some European policy makers and regulators confuse the two and aim to apply the same rules to both situations. In particular, recent opinions and documents express the European data protection regulators’ desire to apply traditional IT outsourcing principles to the regulation of the cloud. Shahab Ahmed, Director of Legal and Corporate Affairs at Microsoft, sheds light on this confusion and provides his insights into how the two models differ and how the cloud could be regulated under the new European data protection regime. / read more

In last month's issue of Data Protection Law & Policy, Damon Greer, Director of the USA-EU and Swiss Safe Harbor Frameworks from July 2006 to September 2011, addressed concerns on the adequate level of protection afforded by Safe Harbor and the transatlantic dialogue that has shaped the framework. In Part Two of this feature, Greer discusses Safe Harbor under the Obama Administration and the viability of the framework when faced with the rising popularity of Binding Corporate Rules. / read more

Amidst the discussions surrounding the EU draft Data Protection Regulation, the insertion of a specific 'right to be forgotten and to erasure' has divided legal and business communities. The recent opinion of Attorney General (AG) Jääskinen in the Google Spain case (C-131/12) sheds light on the Court of Justice of the European Union (ECJ)'s likely decision later this year and adds another layer to the debate. Alexandre Le Peru, Senior Associate at Courtois Lebel, explores the AG's opinion and analyses what form this right may take in the EU data protection reforms. / read more

Data Protection Law & Policy speaks to Viktor Mayer-Schönberger, Professor of Internet Governance at Oxford University and co-author of the recently published Big Data: A Revolution That Will Transform How We Live Work and Think, written with Kenneth Cukier, Data Editor of The Economist, about the potential for Big Data to change the world, and the need for regulation. / read more

In its Opinion 03/2013 on purpose limitation (the Opinion), the Article 29 Working Party (WP29) analyses the principle and calls for it to be strengthened under the Draft EU Data Protection Regulation (the draft Regulation). The purpose limitation principle protects data subjects by limiting how data controllers can use personal data whilst also offering some flexibility for data controllers to further process the data in a way that is compatible with its original purpose. Ellis Parry, Global Lead - Data Privacy at BP, analyses the Opinion and how it fits in with the social-economic realities of data reuse. / read more

Following leaks from notorious whistleblower Edward Snowden, more has been revealed about the National Security Agency (NSA)'s clandestine data gathering and surveillance methods in its fight against terrorism. The new information has led to welcome debate to assess and reform the scope of NSA authority and oversight. Despite an unprecedented public defense of its practices by the NSA, as well as President Obama and the Department of Justice (DoJ), the revelations have raised a host of questions about the NSA's activities. In Part One of this feature, Alex Lakatos, Partner at Mayer Brown LLP1, explores the legal underpinnings of the NSA programs and discusses the proposals for reform of the NSA’s legal authority now pending before Congress. / 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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