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Data Protection Leader

Volume: 12 Issue: 2
(February 2015)


News

The Dutch Data Protection Authority (DPA) issued, on 16 February 2015, a letter to the Ministry of Security and Justice advising on a draft bill (‘the Bill’) which would amend the Telecommunications Data Retention Act and the Criminal Code, and regulate the retention of data processed in connection with public electronic communications. / read more

The Article 29 Working Party (WP29) issued, on 5 February 2015, a letter to the EU Commission (‘the Commission’) addressing a request to clarify the scope of health data in the context of wellbeing and lifestyle apps. / read more

The Asia Pacific Economic Cooperation (APEC) Data Privacy Subgroup (‘DPS’) agreed, on 3 February 2015, on a new cross border certification system for data processors entitled ‘APEC Privacy Recognition for Processors’ (‘the PRP’). / read more


Features

At the recent cyber summit hosted by the White House at Stanford University, Apple’s CEO Tim Cook gave a brief speech in which he said, “We believe we can bring about a future that fully embraces both privacy and security.” Many of the headlines that followed Cook’s speech focused on the political connotations of his message and how stung the tech industry is by the US Government’s attempt to make them play ball in the fight against terror. However, those words are especially meaningful because of who Cook is and what he represents. Technological rivalries aside, it would be difficult to argue that Apple is not a pioneer of innovation and digital development. Apple does not have a monopoly of innovative thinking but it is certainly a leader in that respect. So the fact that Cook chose to make such a bold statement in defence of privacy is not only a very clear indication of privacy’s compatibility with innovation, but proof of its crucial role going forward. / read more

A draft Turkish bill, inspired by the European Data Protection Directive 95/46/EC, contains the building blocks for a privacy regime which would introduce such concepts as prior notification of data subjects, registration with the data protection regulator and restrictions on data transfers. In this article, Begüm Yavuzdoğan Okumuş, Bentley James Yaffe and Alp Turan, Senior Associate, Associate and Trainee respectively at Gün + Partners in Istanbul, discuss the relevant provisions of this bill and its potential impact on companies that are doing business in the country. / read more

In the last few years, privacy has evolved to become a topic of concern for more and more people. Recent studies have also shown that people have stopped using a particular product or service because they were worried about how it used their personal data. However, what is less clear is whether this is a concern for all generations or does the common perception that young people do not care about their privacy hold some element of truth? William Long, Geraldine Scali and Francesca Blythe, Partner, Senior Associate and Associate respectively at Sidley Austin LLP, explore this question. / read more

Ricard Martinez, President of the Spanish Association of Privacy Professionals and Data Protection Officer (DPO) at the University of Valencia, discusses his role as part of this latest monthly feature for Data Protection Law & Policy, which provides an in-house perspective on privacy. / read more

In November 2014, the UK’s Information Commissioner’s Office (ICO) launched a survey to analyse the types of medical devices now being used across the UK, how their technological profile has changed, and what this means for the collection and use of personal information by the devices. Valerie M. Surgenor and Craig Houston of MacRoberts, Partner and Trainee respectively, discuss the context in which the ICO has released this survey, and how developments in technology are affecting the interplay between medical devices and privacy. / read more

2015 has kicked off in an exciting fashion on the privacy legislation front, as the hot topic over the past month has been the announcement of a comprehensive package of privacy and data security legislation for the United States of America (US). Brian Davidson and Samantha Sayers, Privacy & Information Advisor and Trainee respectively at Fieldfisher, explore the recent package of privacy reforms and assess the likelihood of legislation being passed. / read more

In September 2014, the Information Commissioner’s Office (ICO) published guidance to editors and journalists on how to comply with their obligations under the Data Protection Act 1998 (DPA). The long-awaited guide was produced in response to a recommendation in the Leveson Report. Leveson’s Inquiry was criticised for its focus on the traditional media, rather than the new and social media that now dominates journalism and the consumption of news, and the same concern extends to the ICO’s guidance. Magnus Boyd, Partner at Hill Dickinson, examines the ICO guidance, the competing interests surrounding the journalistic exemption under the DPA, and the modern media. / 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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