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Data Protection Leader

Volume: 14 Issue: 2
(February 2017)


News

The Russian data protection authority (‘Roskomnadzor’) issued, on 26 January 2017, the criteria that it will use to determine which countries are deemed to provide adequate protection for the purposes of personal data transfers. / read more

The Parliament of Australia passed, on 13 February 2017, the Privacy Amendment (Notifiable Data Breaches) Act 2017 (‘the Act’), which amends the Privacy Act 1988 to create provisions requiring mandatory data breach notification by agencies, organisations and other entities it regulates. In particular, the Act does not apply to breaches that may result in a real risk of serious harm. Instead, the notification requirement is cast in relation to eligible breaches that are likely to result in serious harm. / read more


Features

We are living through truly turbulent times. Whether it is politicians displaying irresponsibly bullying behaviour or emboldened thugs championing hate speech, our society seems to have taken a turn for the worse in a matter of months. In the world of data and technology, there are times where our hunger for Big Data appears to have spiralled out of control leaving people at the mercy of machines cleverly programmed to extract every penny out of our digital existence. Has the promised land of the 21st century information economy been ruined already? Is it all going downhill from here then? Uncertainty has become the accepted new normal, but yet, believe it or not, there are reasons to be hopeful and to think that the world can still prosper without our privacy being lost in the process. / read more

Data Protection Leader last spoke with Irish Data Protection Commissioner (‘DPC’), Helen Dixon, in July 2015. Since that time, the European and international data protection landscape has changed significantly, and as a result, the DPC has itself been transforming in order to meet the needs of data subjects and organisations alike. In this article, Data Protection Leader speaks with the DPC regarding the challenges, goals and opportunities ahead. / read more

On 10 January 2017 the European Commission (‘the EC’) published its official draft of the proposed ePrivacy Regulation (‘the Draft ePrivacy Regulation’), following a leaked draft in December 2016. If adopted, the Draft ePrivacy Regulation will replace the existing ePrivacy Directive (2002/58/EC) with an ambitious effective date of the 25 May 2018: the date that the EU General Data Protection Regulation (‘GDPR’) also comes into effect. Phil Lee and Felicity Fisher, Partner and Associate respectively at Fieldfisher, discuss the proposed changes and the challenges posed by the Draft ePrivacy Regulation. / read more

In the last few years, data protection laws have been passed in several Latin American countries. The protection of personal data is therefore becoming increasingly significant on this side of the world. With the aim of supporting a growth in the interest of protecting personal data, the Ibero-American Data Protection Network (‘RIPD’) has promoted several initiatives, dialogues, policies, and technologies to guarantee this fundamental right in the region. Florencia Rosati and Ludmila Petrinelli, Partner and Associate respectively at Estudio Beccar Varela, provide an overview of the main trends in Argentina and the rest of Latin America at a time when the EU has adopted the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’). / read more

China’s People’s Congress passed the Cybersecurity Law (‘the Law’) on 7 November 2016 following its third reading during the Standing Committee’s meeting. After two draft versions in June 2015 and May 2016 the public draft was released on 31 October 2016. The landscape of the internet in China will be transformed by the Law. Gregory Louvel, Partner at Leaf, analyses some of the key topics in the Law and their expected impact on foreign companies. / read more

In December 2016, the Federal Council launched a public consultation on the preliminary draft of a new Data Protection Act to replace the Federal Act on Data Protection 1992 (‘the DPA Draft’). According to the Federal Department of Justice and Police, the DPA Draft, once adopted, will enable the ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe (‘Convention 108’) and align Swiss law with the requirements set out in the General Data Protection Regulation (Regulation (EU) 679/2016) (‘GDPR’) in conformity with Switzerland’s commitments to the Schengen system. Sylvain Métille and David Raedler, Partner and Senior Associate respectively at HDC, discuss the changes proposed by the DPA Draft and highlight its shortcomings, which include the lack of strong enforcement powers for the Federal Data Protection and Information Commissioner (‘FDPIC’). / read more

On 5 January 2017, the Federal Trade Commission (‘FTC’) filed a complaint in the U.S. District Court for the Northern District of California against a Taiwanese network equipment maker, D-Link Corporation, and its US subsidiary, alleging that they had violated the FTC Act 1914 by failing to take reasonable steps to secure their wireless routers and webcams. Most notably, the complaint neither alleges that consumer data was actually breached nor claims that there were any specific instances of tangible harm resulting from vulnerabilities in D-Link’s products. Michael A. Vatis, Partner at Steptoe & Johnson LLP, analyses the FTC’s complaint and the FTC’s former data security enforcement, and discusses whether the change in the FTC’s leadership as a result of the US Presidential election will result in a change of the FTC’s course. / 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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