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Data Protection Leader

Volume: 13 Issue: 12
(December 2016)


News

The Argentinian data protection authority (‘PDP’) published, on 18 November 2016, Regulation 60 - E/2016 on international transfers of personal data (‘the Regulation’), which introduces two model contracts for international data transfers to countries that do not provide adequate levels of protection. The Regulation also requires notification to the PDP, within 30 days, when contracts other than those provided in the Regulation are used for an international data transfer. / read more

The State of Qatar has issued Law No.13 of 2016 Concerning Privacy and the Protection of Personal Data (‘the Law’), it was confirmed on 7 November 2016. “Once the Law has been published in the Official Gazette, the Law will officially be the first national level legal regime specifically governing data protection in the Gulf Cooperation Council,” said Kelly Tymburski and Safwan Moubaydeen, Partners at Dentons. “The Law contains a number of provisions which seek to establish appropriate information disclosure obligations on data controllers towards data subjects, and also requires data controllers to limit their collection and retention of personal data to that which is relevant and necessary to achieve the purposes for which it was collected.” / read more


Features

2016. Wow! What a time to be alive, as some would say. For me there was a highlight that marks what this year has been about. Do you remember the opening scene of Four Weddings and A Funeral, when a half-awake Hugh Grant barely opening his eyes and looks at his alarm clock? Remember what happens next? That was me at 5:30 in the morning on Friday 24 June when I reached for my iPad and saw the headline: ‘The BBC forecasts the UK to leave the European Union’. Memorable... For most of us, 2016 has been a rollercoaster year with many developments beyond our control affecting very directly our professional and personal lives. / read more

The Federal Communications Commission (‘FCC’) recently issued a Report and Order (‘the Order’) that imposes comprehensive privacy and data security regulations for providers of broadband internet access services (‘BIAS’) and replaces existing privacy and data security rules for all other telecommunications service providers. John J. Heitmann and Jennifer R. Wainwright of Kelley Drye & Warren LLP discuss the Order. / read more

In July 2016, the UK Anonymisation Network (‘UKAN’) released a decision-making framework to provide a practical guide to anonymisation techniques. The Anonymisation Decision-making Framework (‘ADF’) attempts to unify the technical, legal, ethical and policy aspects of anonymisation to provide a comprehensive guide to doing anonymisation in practice. Professor Mark Elliot, Dr. Elaine Mackey, and Dr. Kieron O’Hara, of the UKAN, outline the thinking behind the ADF. The authors then go on to consider anonymisation within the framework of UK data protection law and the new General Data Protection Regulation (‘GDPR’) to explain how the ADF may help practitioners meet their obligation for undertaking data protection/Privacy by Design. / read more

In the first Compliance and Enforcement Decision issued by the Canadian Radio-television and Telecommunications Commission (‘CRTC’) under Canada’s Anti-Spam Law 2010 (‘CASL’), the regulator significantly reduced the penalty previously issued to a company, Blackstone Learning Corporation, and narrowly interpreted exceptions to the requirements to attain express consent for direct marketing under CASL (‘Decision’). David Elder of Stikeman Elliott LLP analyses, inter alia, the reduction of the penalty and the application of the CRTC’s reasoning to future sanctions that may be levied. / read more

On 27 September 2016, Cloud Infrastructure Services Providers in Europe (‘CISPE’), a newly formed coalition of more than 20 cloud infrastructure providers, published its Data Protection Code of Conduct for Cloud Infrastructure Service Providers (‘the Code’). Felicity Fisher, Associate at Fieldfisher LLP in Silicon Valley, discusses the challenges the Code tries to overcome, and provides an overview of the current framework for cloud providers. / read more

The Hamburg State Commissioner for Data Protection and Freedom of Information (‘HmbBfDI’) announced, on 27 September 2016, that it issued an administrative order (‘the Order’) against Facebook, Inc. and WhatsApp Inc., regarding WhatsApp’s new terms and conditions, which provide for the sharing of user data with Facebook. The Order prohibited Facebook from collecting and storing data of German WhatsApp users with immediate effect and also required Facebook to delete all data that has already been forwarded by WhatsApp. Dr. Andreas Splittgerber, Partner at Olswang Germany LLP, provides a detailed analysis of the HmbBfDI’s reliance on the so-called ‘double-door principle’ and the order’s impact on organisations’ international data transfers. / 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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