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Data Protection Leader

Volume: 13 Issue: 8
(August 2016)


News

Data Protection Law and Policy confirmed with Christophe Fichet and Yaël Hirsch, Partner and Associate respectively at Simmons & Simmons, that Equatorial Guinea’s data protection law, Law No. 1/2016 (‘the Law’), entered into force on 11 August 2016, following its passage by the Parliament on 22 July 2016. / read more

Ecuador’s National Assembly announced, on 21 July 2016, that its President, Gabriela Rivadeneira, had presented the Protection of Privacy and Personal Data Bill (‘the Bill’). / read more

The State Administration for Industry and Commerce of the People’s Republic of China (‘SAIC’) launched, on 5 August 2016, a consultation on the Draft Regulations for Implementation of the Law of the People’s Republic of China on Protection of Consumer Rights and Interests (‘the Draft’). In particular, the Draft addresses data protection issues to strengthen consumer protection. / read more

The Korean Communications Commission ('KCC') announced, on 11 August 2016, that it brought an enforcement action against 11 smartphone app providers for violations of the Act on Promotion of Information and Communications Network Utilisation and Data Protection, etc. 2005 ('the Network Act'). In particular, the KCC issued fines in relation to data security, retention and sharing. / read more

Data Protection Law & Policy confirmed with Rohan Isaacs and Nerushka Bowan, Partner and Senior Associate at Norton Rose Fulbright respectively, on 8 September 2016, that the National Assembly voted, on 7 September 2016, to approve the appointment of the members of the Information Regulator. The Information Regulator will be the authority tasked with enforcing the Protection of Personal Information Act 2013 (‘POPI’) and must be established before the remaining provisions of POPI can enter into force. / read more

The Advocate General (‘AG’) of the Court of Justice of the European Union (‘CJEU’), Yves Bot, issued, on 8 September 2016, his opinion (‘the Opinion’) in Camera di Commercio, Industria, Artigianato e Agricultura di Lecce v. Salvatore Manni (C-398/15), in relation to a preliminary question referred by the Italian Court of Cassation (‘the Court’) to the CJEU, regarding an individual’s personal data recorded in the Company Register. In particular, the Court sought the correct interpretation and coordination of the provisions of Company Law Directive (68/151/EEC) (Articles 2(1)(d)(j) and 3) with the Data Protection Directive (95/46/EC) and the Charter of Fundamental Rights of the European Union, in order to determine whether personal data recorded in the Company Register can, after a period of time and upon request of the interested person, be deleted, made anonymous, blocked or made available only to certain third parties who have a legitimate interest in accessing such data. / read more


Features

Every four years we witness an almost identical process. The immediate weeks preceding any Olympic games are typically marred by some controversy; an event-threatening security breach, a potential global epidemic, or embarrassing delays affecting essential sports facilities. Then we are awed by an opening ceremony so spectacular that it invariably manages to surpass the otherwise unbeatable creativity of the same ceremony four years earlier. And as soon as the Olympics get properly underway, we are irresistibly swept into the magic of it all. Of course, each edition also adds its own distinctive mark by adopting some innovative trend and Rio 2016 has brought with it the Internet of Things. / read more

Following a number of incidents and media reports over the past 18 months with respect to loyalty programmes, data breaches, sharing of information and concerns around Big Data analytics, the Office of the Australian Information Commissioner (‘OAIC’) has recently conducted an assessment of such programmes. Alec Christie, Partner at EY, and Member of the Data Protection Law & Policy Editorial Board, analyses the OAIC assessment and the related takeaways. / read more

The Data Protection Directive (95/46/EC) (‘the Directive') harmonised many aspects of European data protection law but there are still significant differences in the way the law has been implemented, interpreted and enforced. A crucial question for any business operating across the EU is therefore: which Member State’s data protection laws apply? Greg Palmer and Vivien Lantree, Managing Associate and Trainee Secondee at Linklaters, examine the recent decision of the Court of Justice of the European Union (‘CJEU’) in Verein für Konsumenteninformation v. Amazon EU Sŕrl, where this question was considered for a third time. / read more

In the current digital age, sharing information and exposing the daily life of individuals in online communities has grown exponentially, thus changing the established concept of personal privacy. Cristina Gouveia and Marta Fernandes, Jurists at Jorge Neto Valente Lawyers and Notaries, analyse three recent decisions by the Office for Personal Data Protection in Macau (‘GPDP’) relating to the disclosure of personal information online, and discuss the implications. / read more

The Nigerian Communications Commission’s (‘NCC’) Do Not Disturb (‘DND’) Directive (‘the Directive’) entered into effect on 1 July 2016. Mobile network operators are required by the Directive to operate a DND code (‘the Code’) which restricts both themselves and value added service providers from sending unsolicited messages to their subscribers. Senator Iyere Ihenyen, Associate at Assizes Lawfirm explains the details of the DND requirements and assesses the short and long term ramifications of these requirements on the Nigerian telecommunications industry. / read more

The questions in the joined cases, Tele2 Sverige AB v. Post-och telestyrelsen (C-203/15), and Secretary of State for Home Department v. Tom Watson and Others (C-698/15), which are pending before the Court of Justice of the European Union (‘CJEU’), seek interpretation regarding the compatibility of national general retention obligations imposed on electronic communication services. Graham Smith, Partner at Bird & Bird, analyses the Opinion provided by the Advocate-General (‘AG’) on 19 July 2016, while also examining the potential implications for the UK Investigatory Powers Bill (‘the IP Bill’). / read more

On 14 July 2016, Microsoft won an important appeal against the US Government over a search warrant that aimed to force the company to hand over certain customer data stored exclusively in the Microsoft cloud in Ireland. Mark Webber and Felicity Fisher, Partner and Associate at Fieldfisher, analyse the Court decision, its implications for technology companies and the wider political issues which have arisen as a result of the case. / 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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