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Data Protection Leader

Volume: 14 Issue: 6
(June 2017)


The Ventura County District Attorney (‘DA’), Gregory D. Totten, announced, on 13 June 2017, that his office, along with the Los Angeles, Riverside, Alameda and San Diego District Attorneys’ Offices, had settled a $1.9 million action against Bank of America Corporation (‘BoA’). The complaint, filed in Los Angeles County Superior Court, alleged that BoA violated Sections 632 and 632.7 of the California Penal Code 1872 (‘the Code’) by failing to timely and adequately disclose its automatic recording of phone calls with members of the public. / read more

The Civil Liberties, Justice and Home Affairs (‘LIBE’) Committee of the European Parliament released, on 9 June 2017, its draft report (‘the Draft Report’) on the European Commission’s proposal for a Regulation of the European Parliament and of the Council on Privacy and Electronic Communications (‘the Draft ePrivacy Regulation’), which aims to repeal Directive 2002/58/EC. / read more


If it is true that uncertain times lie ahead for the UK, the past year has been a good warm up. Following the shock result of the Brexit referendum a year ago, we have witnessed a change of Government, an endless and sometimes fierce debate about the shape that Brexit should take, an alarming increase in hate crime, a full blown legal challenge about which UK institution has the final say, a slightly subdued parliamentary debate and a general election. In the meantime, the Government has been - perhaps understandably - coy to reveal its Brexit cards and as a result, both business and citizens have been left guessing how things will turn out. The same is true of the future of UK data protection. Or at least it was until the recent Queen’s Speech. / read more

The General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) formally enters into effect on 25 May 2018. Although the GDPR will not have a direct effect on Russia, as a non-EU Member State, it will impact the operations of multinational business in Russia and Russian businesses abroad. Anastasia Petrova, Associate at Alrud, unpacks how the jurisdictional scope and legal requirements under both the GDPR and Russian data protection legislation could produce duplicitous obligations for international companies. / read more

Traditionally, health tourism was something states sought to discourage. In 2017, this changed and countries like the United Arab Emirates (‘UAE’) are implementing plans to become one of the top ten destinations for heath tourism. A consequence of the rise of medical tourism is an increase in the amount of patient data. Nadim Bardawil, Senior Associate at BSA Ahmad Bin Hezeem & Associates LLP, discusses how the protection of medical data is developing in the UAE. / read more

After months of drafting and deliberation, Indonesia’s Ministry of Communication and Informatics (‘MOCI’) issued, in late 2016, a long-awaited regulation on the protection of personal data. MOCI Regulation No. 20 of 2016 regarding the Protection of Personal Data in Electronic Systems (‘MOCI Regulation’) was issued on 1 December 2016. As the title suggests, it regulates the protection of personal data by electronic system providers in Indonesia, a long-standing grey area in the country. Fahrul S. Yusuf and Winnie Y. Rolindrawan, Partner and Senior Associate at SSEK Legal Consultants respectively, assess the current state of Indonesian data protection law in light of the MOCI Regulation. / read more

Mexico’s Federal Law on the Protection of Personal Data in Possession of Private Parties (‘the Law’) entered into force in 2010. Since then, the National Institute for Access to Information and Data Protection (‘INAI’) has been tasked with enforcing the Law. Nuhad Ponce Kuri, Partner at Ponce Kuri, discusses the data protection framework in Mexico and INAI’s efforts to raise awareness among citizens of their rights and how the private sector should adequately comply with the Law’s provisions. / read more

Thailand has been in the spotlight over recent years regarding data protection and cyber security. It is perceived that Thailand does not adequately protect this very fast developing environment. Since social media and e-commerce is developing fast in Thailand, the lack of any legal platform covering this area is a rising concern. Rajen Ramiah, IP & Business Development Consultant at Chavalit & Associates Limited (SCL Law Group), provides an overview of the key laws and regulations that govern data protection in Thailand. / read more

The processing of personal data in the framework of biobanking is subject to specific legislation in Belgium, which combines general data protection legislation and a specific legislation on the procurement and use of human biological samples for scientific research. Marc Martens and Maria-Paz Martens, Partner and Associate at Bird & Bird respectively, approach the intricacies of the Belgian legislation on biobanking from a data protection compliance perspective, and identify the legal uncertainties that currently exist in this field. / read more

In this interview, Data Protection Leader speaks with João Luís Traça, Partner at Miranda Law Firm, regarding data protection trends and developments from Africa, as well as the impact of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) on the legislative landscape. / 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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