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Data Protection Leader

Volume: 13 Issue: 10
(October 2016)


News

Chile’s Law Evaluation Committee presented, on 5 October 2016, to the Chamber of the House of Representatives an evaluation report regarding Law 19.628 on the Protection of Personal Data 1999 (‘the Law’) (‘the Report’). Camilo Mardones Espinoza, Associate at Philippi, Prietocarrizosa Ferrero DU & Uría, commented, “Though the Report covered several important issues, it did not refer to the obligation to notify and report leaks and data breaches, nor did it cover cross-border data flows.” / read more

The President of Angola passed Decree No.214/16, on 10 October 2016, which establishes the organisational framework of the data protection authority (‘the DPA’). Despite Data Protection Law No. 22/11 (‘the Law’) entering into force in 2011, the DPA has not yet been created. Consequently the requirements in the Law for data controllers and data processors to provide notifications and make filings with the DPA are not currently enforceable. / read more


Features

A Spanish restaurant in London, a glass of Rioja and some purple napkins served as the perfect inspiration for the launch in 2004 of Data Protection Law & Policy. We were trying to be down to earth yet ambitious. Straight forward and forward thinking at the same time. And after all these years, we are true to our mission. Today we see the launch of Data Protection Leader, a renewed publication with the same spirit. More than ever - as reflected by the new name - we want to lead, break new ground and provide new thinking. Data Protection Leader takes the baton from Data Protection Law & Policy with the intention of being not just thought provoking but a driver for change and effective data protection, just as we have been doing for over 12 years... Is there a future in data protection? Is data protection here to stay? Can one even make a career out of it? … It won’t be a steady one, as the law, the technology and the social circumstances are always evolving. But if you ever wonder whether you made the right decision by working in this field, just look around and see if it matters to people. (April 2004) / read more

One of the main changes under the General Data Protection Regulation (‘GDPR’) is the explicit obligation on companies to adopt Data Protection by Design (‘DPbD’) during the initial design stages of projects. Cody Olson, Legal Advisor at CIL Consulting, provides practical advice for Data Protection Officers (‘DPOs’) who are looking to translate the “legal into the technical. / read more

Serving more than 1.2 billion people, Africa’s health systems face unrelenting challenges. These challenges are not consistent across all of Africa’s 54 countries whose populations range from about 91,000 to over 177 million people. Tom Jones, Director of Strategy and Impact at the African Centre for eHealth Excellence (‘Acfee’) and Editor of eHealth News Africa, outlines the specific issues relating to data privacy and eHealth in Africa. The article also contains practical recommendations for redressing Africa’s eHealth gap. / read more

Following Yahoo Inc.’s announcement in 2013 that it would begin to scan its users’ emails for targeted advertising purposes, a number of class action lawsuits were filed. According to plaintiffs, such practices violated the ‘personal liberties’ of non-Yahoo Mail users, who have sent emails to Yahoo Mail users and were having their emails scanned without consent, as well as Federal and State privacy laws. On 25 August 2016, the U.S. District Court for the Northern District of California (‘the Court’) approved the settlement of a consolidated long-running class action lawsuit against Yahoo, that alleged the company improperly scanned the emails of non-Yahoo users for advertising purposes (‘the Settlement’). This article discusses the background and outcomes of the case. / read more

Theresa May, in her speech at the Conservative Party conference, ruled out both a ‘Norwegian model’ and a ‘Swiss model1.’ According to Ruth Boardman and Francis Aldhouse, Partner and Consultant at Bird & Bird, ‘hard Brexit’ seems increasingly likely. As a result they examine the issues facing the UK in maintaining ‘adequacy’ in respect of personal data exports from the EU and propose recommendations for the modernisation of UK law to achieve the same. / read more

Following the invalidation of the US-EU Safe Harbor agreement, the issue of cross-border data transfers has risen to the forefront of the privacy debate in Europe, including Switzerland. Although Switzerland is not a member of the EU, it is a signatory of the Council of Europe’s Convention 108, and has been recognised by the European Commission as providing adequate protection to personal data. Dr David Vasella, Attorney at Froriep, explains how private-sector data transfers are regulated under Swiss law and examines guidance issued by the Federal Data Protection and Information Commissioner (‘FDPIC’) on the topic. / read more

On 27 July 2016, the Monetary Authority of Singapore (‘MAS’) published a revised version of its Guidelines on Outsourcing (‘2016 Guidelines’), which aim to provide comprehensive guidance on risk management practices that designated ‘institutions’ are expected to adopt in relation to their ‘outsourcing arrangements,’ including enhanced requirements where the arrangement is deemed to be a ‘material outsourcing arrangement.’ / 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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