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Data Protection Leader

Volume: 13 Issue: 11
(November 2016)


The Federal Communications Commission (‘FCC’) published, on 3 November 2016, its rules governing the collection and use of consumer data by broadband internet service providers (‘ISPs’) (‘the FCC’s Rules’). In particular, the FCC’s Rules require ISPs to obtain consumers’ consent before marketing their sensitive information. In addition to children’s, financial, health, precise geolocation, and social security number data, the FCC expanded the scope of data considered as sensitive by the Federal Trade Commission (‘FTC’) to include web browsing and mobile application history. / read more


Predicting the future is by definition complicated. One can look for historical facts, make some analogies, anticipate reactions and come up with more or less informed guesses. But time travellers aside, no one has been to the future to tell us exactly how things are going to turn out. Yet, human nature is indeed predictable and in the same way it was possible to accurately anticipate the effect of the Snowden disclosures on the developing European data privacy framework, it is certainly possible to guess how the approach to transatlantic dataflows between the EU and the US will be influenced by Donald Trump’s election. / read more

Regulators are fighting back against ‘privacy fraud,’ where companies falsely claim to be members of privacy compliance or trustmark schemes. There have been 39 such enforcement actions since 2009. Chris Connolly, member of the Data Protection Leader Editorial Board and Director at Galexia, a privacy consultancy, summarises the key lessons from recent cases. / read more

Following a consultation on the draft Personal Data Protection Law in July 2016, Panama’s National Authority of Transparency and Access to Information (‘ANTAI’) published a final version of the draft on 2 September 2016. Beatriz Cabal, Associate at Galindo, Arias & Lopez, outlines the draft’s provisions and scope of application, the requirements for the lawful processing of personal data, the established exceptions, and the individual’s rights over their data under the draft. / read more

The questions regarding the potential for the use of data to have a harmful impact on the competitive landscape are not going away. The issue is once again making mainstream headlines following Microsoft’s decision to acquire LinkedIn for $26.2 billion. Richard Craig of Taylor Wessing examines whether this will be the case where a competition regulator takes action to prohibit or sanitise a transaction due to concerns about the future use of ‘big data.’ / read more

There has been renewed interest in Zimbabwe in regard to its draft Computer Crime and Cybercrime Bill, which has been criticised for its provisions that violate fundamental rights such as the right to privacy, the right to freedom of speech and the right to access information. Kuda Hove, Legal and Information Officer at Veritas Zimbabwe, discusses the international initiatives and model laws which acted as catalyst for the development of the Bill as well as providing an analysis of the Bill’s key provisions. / read more

In what many believe is an overreaction to the re-identification by university researchers of two Health Department de-identified data sets, which had been made available to the public, the Australian Government introduced into Parliament on 12 October 2016 the Privacy Amendment (Re-identification Offence) Bill 2016 (‘the Bill’) to amend the Privacy Act 1988 (‘the Act’) to prohibit the re-identification of de-identified published Government data. If passed, the Bill will make it a criminal offence to re-identify published Government de-identified data, with a term of imprisonment of two years on conviction. Alec Christie, Partner and APAC Leader of Digital Law & Privacy at EY, discusses the Bill. / read more

There is a legal obligation on every person who is a citizen of Mauritius to have an identity card within six months of reaching the age of 18. The National Identity Card Act (‘the Act’) was amended in 2013 to implement a scheme for a new smart identity card for Mauritian citizens. Under the new law, every adult citizen of Mauritius is under an legal obligation to apply for a new biometric identity card to replace the previous one. To obtain the new identity card, a person must provide biometric information, namely their fingerprints and photograph. The minutiae of the fingerprints are extracted and such data are recorded and stored in a central database kept and managed by the Registrar of Civil Status. Ammar Oozeer, Barrister at Law at BLC Robert & Associates, discusses in detail a case before the Supreme Court relating to the compulsory requirement to take and record a Mauritian citizen’s fingerprints as required under the Act. / read more

On 7 July 2016, the Chilean Supreme Court ruled against Ticketmaster Inc., the defendant, in a class action brought by the Servicio Nacional del Consumidor (‘SERNAC’), in defence of the consumers’ interest in relation to the existence of abusive clauses in Ticketmaster contracts signed by its platform users. Camilo Mardones, Lawyer at Philippi Prietocarrizosa Ferrero DU & Uría, discusses the Supreme Court’s ruling and its impact on internet retailers. / 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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