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Data Protection Leader

Volume: 11 Issue: 2
(February 2014)


News

Ten years in privacy have been momentous. Data Protection Law & Policy reflects on some of the most dramatic changes over the past decade. / read more

The Information Commissioner’s Office (ICO) issued – on 25 February 2014 – its updated Conducting privacy impact assessments (PIA) code of practice (‘the Code’) aiming to ensure a ‘fit’ between PIAs and organisations’ project development process, and help organisations comply with Data Protection Act (DPA) obligations. / read more

Not that long ago, reading [about privacy] would have been regarded as nerdy. Data privacy - or data protection, as we say in Europe - used to be seen as arcane and irrelevant to business and ordinary people. / read more


Features

To say that the privacy and data protection developments of the past decade have rocked the world is an understatement. One can even replace the word 'decade' with 'six months' in that sentence and it still holds true. But a decade puts things into perspective. We have seen the emergence of game changers like cloud computing, social networking, Big Data, the mobile revolution and the Internet of Things. We have seen data protection regulators from around the world coming together and focusing on top priorities. Well established principles - like notice and consent - have been challenged, whilst new concepts - from Binding Corporate Rules to Privacy Impact Assessments - have become mainstream compliance tools. Above all, personal information has become ever more valuable and more global. / read more

Peter Hustinx, the European Data Protection Supervisor (EDPS), ended his 10-year mandate officially in January 2014. Frances Chen from Data Protection Law & Policy, spoke with Hustinx reflecting on his ten years as the first EDPS and his outlook of the data protection landscape in the EU and globally. / read more

Ten years ago this month, in the inaugural issue of Data Protection Law & Policy, Claire Walker, Head of Commercial Group Know How, wrote about guidance issued by the UK Information Commissioner's Office (ICO) on the scope of personal data. It was the hot topic of the day and followed the UK Court of Appeal (CoA)’s controversial narrowing of the personal data definition in its 2003 ruling in the Durant1 case. Today, the debate over where to draw the regulatory line is even more intense – but the context could hardly be more different. Walker looks at how the factual and legal landscape has changed after a decade has passed – and considers whether Durant is still relevant as EU regulators struggle to come up with a new regime which is fit for purpose in a world of Big Data and user-generated content. / read more

When Martin Hoskins wrote for our first ever issue in 2004, he was the Head of Data Protection for T-Mobile. Now, he's an independent data protection consultant, an executive director of a data protection recruitment company, Chairman of the Data Protection Forum, and author of the Dataprotector blog. Ten years on, Hoskins has not lost his zeal or passion for privacy and he'll explain why. / read more

'What are the unique privacy and security concerns associated with smart technology and its data?' The US Federal Trade Commission (FTC) held a workshop exploring consumer privacy and security issues posed by the Internet of Things (IoT) on 19 November 2013. Following the workshop, the FTC sought to continue the discussion by seeking public comments on privacy and security issues in the IoT sphere. Daniel Caprio, Senior Strategic Advisor at McKenna Long & Aldridge, examines the issues and provides insight on the privacy implications of IoT. / read more

Ten years ago, Louise Treacy highlighted the challenges faced in the public sector with achieving the openness and sharing of personal data in Data Protection Law & Policy's inaugural issue. This inevitably begs the question: how far have we come since then? Claire Edwards and Stedman Harmon from DLA Piper reflect on the UK Government's public data sharing policies over the past decade and examine what the future holds. / read more

For the first edition of Data Protection Law & Policy, privacy expert Eduardo Ustaran wrote on e-Marketing in the wake of the The Privacy and Electronic Communications (EC Directive) Regulations 2003. To celebrate our 10th anniversary, Alastair Tempest, Partner at Conock Consultancy and former Director General of the Federation of European Interactive & Direct Marketing, looks back at the changes to the marketing industry and e-communications over the last decade, and examines the continuing potential for conflict between marketing and consumer privacy. / read more

In reviewing communications data retention in the UK over the past ten years, Timothy Hill, Technology Policy Adviser at the Law Society, suggests that democratic opposition to explicit state surveillance means that the state increasingly attempts to plug the legal and technical gaps involved in falling back on democratically unaccountable private sector systems. He asks how we should now move forward. / 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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