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Data Protection Leader

Volume: 14 Issue: 9
(September 2017)


News

The UK Government published, on 14 September 2017, the Data Protection Bill 2017 (‘the Bill’), following its statement of intent made in August 2017. In particular, the Bill aims to implement the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) and the Data Protection Directive with Respect to Law Enforcement (Directive (EU) 2016/680), as well as provide a framework for the processing of personal data by intelligence services. / read more

The Uruguayan data protection authority (‘URCDP’) issued, on 18 September 2017, an updated guide on de-identification (‘the Guide’), in conjunction with the Digital Government and Information Society Agency. The Guide provides key definitions under Uruguayan law of concepts such as de-identification, anonymisation, re-identification and pseudonymisation; and an overview of the stages in the process of anonymising data, outlining how data controllers should design their anonymisation projects and the techniques they can use. / read more


Features

Let me start by saying that I don’t really like the word ‘expert.’ It has a show-offy ring to it that is slightly condescending. I prefer the word ‘specialist,’ which somehow conveys an element of geeky devotion to a subject or field. Either way, experts or specialists are there to serve a purpose – ideally, a useful one. The growth in importance of data protection that we have seen in recent years, which in Europe appears to be heading towards its climax as we approach the General Data Protection Regulation’s (Regulation (EU) 2016/679) (‘GDPR’) deadline date, has created a very fertile ground for ‘privacy experts.’ They are everywhere: e-mailing you offers for their much-needed services, tweeting incessantly as if the world was about to end and popping up in every possible corner of your LinkedIn feed. The noise that the new privacy experts are making seems truly deafening and dangerously hyped. / read more

The coming into effect of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) on 25 May 2018 throughout the EU represents the most significant legal transformation of European data privacy law of the last 20 years. Although the purpose of the GDPR is legal harmonisation, national legislators have to adopt national laws in order to implement the GDPR and can make use of more than 50 opening clauses, which permit Member States to alter specific rules and conditions at a national level. Germany was the first to adopt such a law - the Act to Adapt Data Protection Law to Regulation (EU) 2016/679 and to Implement Directive (EU) 2016/680 (‘the Act’). In this article, Michael Schmidl, Florian Tannen and Olga Bauer, Partner, Associate and Professional Support Lawyer respectively at Baker & McKenzie, summarise and explain the most important changes for companies provided by the Act. / read more

Several African countries have drafted data protection legislation over the last ten years, yet these drafts have not resulted in adopted law. Alex B. Makulilo, Professor of Law and Technology at the Open University of Tanzania, examines the causes of the slow advancement of these data protection bills, the reasons for the absence of privacy law reforms and why, in some cases, efforts to progress draft bills have halted completely in Africa. / read more

In the wake of recent terrorist attacks in Europe and Russia, the Russian legislature has introduced further obligations on instant messaging service operators, including WhatsApp, Telegram and others. In particular, the provisions establish requirements to identify users of messaging applications, supplementing the existing data retention and reporting requirements in force. Anastasia Petrova and Maria Ostashenko, Partner and Associate at ALRUD law firm respectively, unpack these changes to the legal landscape for operators of messaging services. / read more

The Telecom Regulatory Authority of India (‘TRAI’) recently released, on 9 August 2017, a consultation paper on ‘Privacy, Security and Ownership of the Data in the Telecom Sector’ (‘the Consultation Paper’). The aim of the Consultation Paper is to identify the key issues pertaining to data protection in relation to the delivery of digital services in India and to invite feedback from public stakeholders on the questions identified in the Consultation Paper. Kartik Maheshwari, Aaron Kamath, and Abhishek Senthilnathan, Leader, Lawyer and Associate respectively at Nishith Desai Associates, assess the key points and implications of the Consultation Paper. / read more

The Grand Chamber of the European Court of Human Rights (‘ECtHR’) (‘the Grand Chamber’) issued, on 5 September 2017, its ruling in Bărbulescu v. Romania (Application no. 61496/08), reversing the decision of the Fourth Section of the ECtHR and finding a violation of Article 8 of the European Convention on Human Rights (‘ECHR’) (‘the Decision’). The case concerned the termination of Bogdan Mihai Bărbulescu’s employment contract, after his employer monitored his internet communications, accessed their content, and established that Bărbulescu had utilised company resources for personal purposes, in breach of internal regulations. Data Protection Leader speaks with Pat Walshe, Managing Director at Privacy Matters Ltd, and Cristina Popescu, Senior Associate at CMS Cameron McKenna SCA about the key aspects of the Decision. / read more

As part of the Taza Koom project - a national, high-tech programme focusing on the use of information technology for public services and businesses - the Government of Kyrgyzstan has taken steps to introduce substantial amendments to the regulation of personal data. The amendments breathe new life into the data protection framework, now nearly ten years old, in line with the pattern of digital modernisation in the country. Asel Momoshova, Senior Associate at Kalikova & Associates, examines how the amendments will contribute to the strengthening of data subjects’ rights and the enforcement of data protection requirements in Kyrgyzstan. / read more

The Productivity Commission’s final report into Data Availability and Use (‘the Report’), released earlier this year, proposes fundamental reforms to the legal and regulatory framework governing the collection, use and sharing of data. The Report emphasises that data is currently vastly under-utilised in Australia and that unlocking the potential benefits associated with greater data availability, access and use (estimated at a value of between AUD 625 million and AUD 64 billion per annum (approx. €417 million to €43 billion)) is a key driver for policy reform. Alec Christie, Digital Law Partner at EY, analyses the Report’s proposals and their potential impact. / 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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