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Data Protection Leader

Volume: 11 Issue: 5
(May 2014)


News

Judge James Francis, in the US District Court for the Southern District of New York, ruled - on 25 April 2014 - that Microsoft Corporation must disclose customer information and records to US law enforcement even if that information is stored abroad. Microsoft had moved to quash an initial search warrant after it discovered that the contents of its customer’s e-mails were stored on a server located in Ireland; that motion was dismissed. / read more

Tanzania and Kenya recently introduced a Data Protection Bill bringing the countries one step closer to their national data protection legislation. / read more

The Asia-Pacific Economic Cooperation (APEC) announced - on 1 May 2014 - that Japan had become the third country to be accepted into the Cross-Border Privacy Rules (CBPR) System. / read more


Features

Once upon a time, there was a world where people strived to live in peace with limited success. Greed and intolerance often got in the way of a more promising future but, on the whole, there were reasons to be hopeful. Technological advances were continuous and the globalisation of these advances augured a more equal and better life for everyone. In this world, there were two continents. The Old Continent had produced great thinkers and achievers over many centuries, but it had also been riddled by horrible wars. The Old Continent was diverse and quirky, which made it an incredibly fascinating place to live. The New Continent was ambitious and powerful, and its citizens were united in keeping it that way. Enthusiasm and drive made people in the New Continent work very hard to achieve their goals. Both continents shared the same hopes and challenges, but their approaches were different. One of those challenges was how to protect people's privacy at a time when information about everyone's life was being relentlessly captured, examined and exploited. So each of the continents set out to deal with this troubling issue. / read more

In a decision on 13 May 2014, the European Court of Justice ruled in Case C-131/12 - Google Spain SL, Google Inc. v Agencia Española de Protección de Datos , that an internet search engine operator is responsible for the processing that it carries out of personal data which appear on web pages published by third parties and enshrining citizens’ right to be forgotten. In this roundtable, leading data protection experts have commented on this ruling, and the potential impact it may have. / read more

By the end of 2012, most EU Member States have complied with the 2002 Directive on Privacy and Electronic Communications (‘e-Privacy Directive’) (2002/58/EC), or also commonly known as the ‘Cookie Directive.’ Two years on, what has become the industry norm of using cookies in the EU? What other tools and technologies are currently available in the market and what should policy makers and regulators beware of when it comes to online behavioural advertising? Kimon Zorbas and Ionel Naftanaila, Partners at the Digital Business Consulting Group, look at the regulatory background, the technologies used, the current status of the policy debates and finally provide an outlook on where the policy debate might lead to. / read more

Cybersecurity initiatives were launched on both sides of the Atlantic in 2013. Stewart Room, who joins PwC Legal as Partner and Head of Cyber and Data Security in October 2014 and is Director of the Cyber Security Challenge UK, provides an update and examines how the US and EU have been developing policy towards identifying critical infrastructures for cyber security, as well as how they are moving threat and remediation intelligence through their economies. / read more

The EU Article 29 Working Party and the Asia-Pacific Economic Cooperation launched their Referential assessing the similarities and differences between their two cross-border data transfers mechanisms on 6 March 2014. The Referential between Binding Corporate Rules (BCRs) and the Cross-Border Privacy Rules System (CBPRs) marks an important first step for the two regions to consider global interoperability. Malcolm Crompton, Managing Director at Information Integrity Solutions, examines the two frameworks individually and explores what the Referential could mean for the future. / read more

In Part Two of this interview, Nuala O’Connor, President and CEO at the Center for Democracy and Technology (CDT), shares her views on regulating new developments, such as the Internet of Things and Big Data, and discusses privacy cultures and norms. / read more

Global tax transparency is a hot topic. This year alone, enforcement of the penal withholding regime under the US Foreign Tax Compliance Act (FATCA) will commence and the Organization for Economic Co-operation and Development (OECD) released its global standard on automatic exchange of information. Both regimes require financial institutions worldwide to gather and report information to tax authorities about their clients and accounts while remain compliant with other legislations, including data protection laws. Kristin Konschnik and Jessica Staton, Partner and Associate respectively of Withers LLP, examine the balance between data protection compliance and global tax transparency. / 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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