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Data Protection Leader

Volume: 11 Issue: 6
(June 2014)


News

The EU Justice and Home Affairs (JHA) Council ('the Council') reached agreement on the rules governing international data transfers under the proposed draft EU Data Protection Regulation ('the Regulation') on 6 June 2014. / read more

The Department for Business, Innovation and Skills (BIS) launched their Cyber Essentials assurance framework on 5 June 2014, which would allow businesses to be certified for their cybersecurity practices. BIS stated that 'until now, there had been no single recognised cybersecurity assurance certification suitable for all businesses to adopt.' From 1 October 2014, the Government will require all suppliers bidding for certain personal and sensitive information handling contracts to be Cyber Essentials-certified. / read more

The Italian Data Protection Authority (Garante) issued its Resolution (Doc. 3203981) on ensuring data protection for payments which take place through smartphone devices and tablets on 17 June 2014. The Resolution is addressed to a number of players, such as operators, vendors, technology aggregators and app providers. / read more


Features

European data protection authorities (DPAs) are on a roll. This year started with the unprecedented coordination of enforcement actions across the EU for the alleged breaches by Google to provide sufficiently clear and detailed information about its practices. Then the Article 29 Working Party (WP29) underwent what is possibly its most prolific period ever – with many opinions on topics ranging from breach notification and surveillance to international data transfers and legitimate interests. In fact, WP29 has already adopted seven opinions so far this year – the same number as in the whole of 2013. Further ground breaking enforcement actions for things like not obtaining consent for cookies have also taken place in the past months. More recently, the European Court of Justice (ECJ) sided with the Spanish authority in the landmark 'right to be forgotten' case. / read more

In a modern day workplace, social media is an integral part of the operations of the organisation as well as an important part of most employees' daily activities. However, what are the risks and benefits of employees using social media at a workplace? How can employers monitor employees' use of social media at work without infringing their rights to privacy and data protection? David Webb, Writer/Editor/Workplace Relations Expert at ACAS, examines the issues concerning using social media at the workplace and provides ACAS best practice guidelines. / read more

There exists an obvious and pronounced transatlantic disconnect in data protection requirements. The disconnect and lack of accord has become significantly more pronounced in light of the Edward Snowden revelations about the National Security Agency (NSA) surveillance of individuals around the world. Dan Goldstein, Director, Privacy and Data Protection Practice at Promontory Financial Group, examines the problems with the current data security practices and provides an analysis of privacy practices on an interoperable basis. / read more

Medical data about a person often contains information which the person would very much prefer to keep as private as possible, hence it has been classified as sensitive personal data1 by the UK Data Protection Act 1998. How can the healthcare sector balance patients' data protection rights with standard of care? Robin Smith, Head of Privacy at University Hospitals of Leicester and a Health 2.0 expert, examines the current issues in protecting medical information in the UK NHS system and provides guidelines on the best way forward. / read more

In 2010, Canada enacted federal legislation, commonly referred to as ‘Canada’s Anti-Spam Legislation’ (CASL), governing unsolicited commercial electronic messages (CEMs) and the installation of computer programs. On 1 July 2014, restrictions relating to the sending of unsolicited CEMs including associated administrative monetary penalties for violating the CEM provisions will enter in force. Timothy Banks, Partner at Dentons and DataGuidance Contributor, provides guidance on compliance with the legislation*. / read more

Wyndham’s hopes of challenging the Federal Trade Commission (FTC)’s authority to regulate companies’ data security practices were dashed in April 2014, when a federal court rejected Wyndham’s challenge and upheld the FTC’s authority in the data security field. Michael Vatis, Partner at Steptoe & Johnson LLP and a DataGuidance Contributor, provides a detailed analysis of the Federal Trade Commission v Wyndham Worldwide Corp.1 case*. / read more

The speed and precision with which internal auditors, in-house legal teams and human resources departments within financial institutions can access specific information amid vast unstructured data may have huge impacts on a business. It can mean the difference between paying or avoiding fines or legal damages. Lee Meyrick, Director of Information Management at Nuix, looks at the challenges of managing, searching and storing unstructured data, and shares some potential solutions. / 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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