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Data Protection Leader

Volume: 12 Issue: 11
(November 2015)


News

The Personal Data Protection Commission of Singapore (‘PDPC’) released, on 30 October 2015, its Annual Report 2014/15 (‘the Report’). The Report provides an overview of activities carried out in relation to the Personal Data Protection Act 2012 (‘PDPA’), whose Do Not Call (‘DNC’) rules and data protection provisions came into effect in January and July 2014 respectively. The Report highlights that the PDPC received 6,000 complaints since the DNC Registry was launched, filed suit against two organisations for the violation of DNC rules, and issued advisory notices to more than 1,800 organisations for minor breaches of the PDPA. / read more

The European Commission (‘the Commission’) released, on 6 November 2015, a communication in relation to the judgement of the Court of Justice of the European Union on Safe Harbor (‘the Communication’). The Commission stressed that the Safe Harbor Framework can no longer serve as a legal basis for transfers of personal data to the US; that it will ‘continue and finalise’ negotiations for a renewed framework to meet the requirements identified by the CJEU; and that other ‘adequacy decisions will need to be amended, to ensure that data protection authorities remain free to investigate complaints by individuals.’ / read more

The Serbian Commissioner for Information of Public Importance and Personal Data Protection (‘Poverenik’) issued, on 4 November 2015, a press release that strongly criticised the new draft Law on Personal Data Protection (‘the Draft Law’) prepared by the Ministry of Justice. The Poverenik highlighted that many of its recommendations, which it presented to the Minister of Justice and the Serbian Government, were disregarded. / read more


Features

“It’s all a matter of perspective,” says James Bond in his latest instalment when the baddie disagrees with the world’s favourite spy about who is meant to kill whom. Conflicting perspectives abound when considering the merits, aims and content of the draft Investigatory Powers Bill (‘the IPB’). The UK Government argues that modern investigatory powers are vital for law enforcement and intelligence gathering. Looking at what is currently going on in our streets and the world, it would be difficult to disagree with that. Yet the IPB has provoked a fair amount of criticism and alarm about its impact on civil liberties. The recent terrorist attacks only exacerbate the polarisation of views about this issue, which makes an objective assessment of what is right tremendously difficult. / read more

On 11 August 2015, India’s Supreme Court found itself unable to decide a high-profile privacy case until more judges were summoned to create a larger bench1. This development has intensified a bitter privacy contest, which Bhairav Acharya, Constitutional Litigator at the Indian Supreme Court, hopes will yield judicial clarity on the extent of the right to privacy. In this article, Acharya delves into the world of biometrics and the right to privacy in India. / read more

On 1 October 2015, the Court of Justice of the European Union (‘CJEU’) delivered its judgment on Weltimmo s.r.o. v. Nemzeti Adatvédelmi és Információszabadság Hatósági (C-230/14), ruling that the data protection law of an EU Member State can be applied, if a data controller exercises a real and effective activity in that Member State, even if it is not registered there. / read more

DataGuidance and Sidley Austin LLP hosted, on 20 October 2015, a ‘Safe Harbor Briefing’ webinar, which featured a live Q&A session with the European Data Protection Supervisor (‘EDPS’), Giovanni Buttarelli, to discuss the impact on international data transfers of the Court of Justice of the European Union’s (‘CJEU’) decision in Maximillian Schrems v. Data Protection Commissioner (Case C-362/14), declaring the Safe Harbor framework invalid (‘the Judgement’). Data Protection Law & Policy provides an overview of the key comments. / read more

Employee monitoring practices have been recently amended by the Legislative Decree No. 151 of 14th September 2015 (‘the Decree’). Matteo Colombo, Founder and President of the Association of Data Protection Officers and the Labor Project, analyses the amendments and, in particular, the balance between the business interests in implementing remote controls and workers’ right to privacy. / read more

Researchers collect and analyse primary and secondary data to deliver insight to all kinds of businesses and organisations. Working with data that spans the full spectrum of identifiable personal data, anonymised data and aggregated data, a key consideration is the impact of data protection obligations on research projects. Dr. Michelle Goddard, Director of Policy and Standards at Market Research Society, explains the legal and regulatory data protection obligations for UK research projects and explores the practical and legal implications of the distinction between market research and direct marketing. / read more

The Korean Communications Commission (‘KCC’) has recently implemented a new penalty scheme that applies to companies which voluntarily report a data breach. Hyun-Jeong Kang, Partner at Shin & Kim, analyses this penalty scheme and the broader regime of penalties and sanctions for data breaches in South Korea. / 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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