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Data Protection Leader

Volume: 3 Issue: 9
(September 2006)


News

The European Commission has recently published proposals for a law change that would require telecoms companies to notify regulators and their customers of any breaches of their data security. / read more

The release of an Information Sharing Vision Statement (ISVS) by the Department of Constitutional Affairs, detailing plans for information sharing between public services, again highlighted plans to share information from the public sector with the private sector. / read more

Social networking website, Xanga.com, has agreed to pay a $1 million civil penalty following a complaint by the US Federal Trade Commission (FTC) for allegedly violating the Children's Online Privacy Protection Act (COPPA). / read more


Features

Judging by the amount of e-mails on this topic circulating at the moment, there seems to be a growing need out there for individuals who are prepared to take responsibility for the management of privacy rights and data protection compliance within an organisation - what we have traditionally called data protection managers and in America are known as chief privacy officers. / read more

In response to the Information Commissioner's report, What Price Privacy?, the Department for Constitutional Affairs has published a consultation paper on the proposed custodial penalties for the misuse of personal data. In this article, Baroness Ashton of Upholland, from the Department for Constitutional Affairs, explains what the proposed changes will mean in practice and highlights the benefits to data sharing that the proposals will bring. / read more

As well as raising concerns that the use of Electronic Product Codes, such as RFID, has the potential to violate human dignity and data protection rights, the Article 29 Data Protection Working Party has provided guidance on how the technology should be used. Robert Bond, a partner at Faegre & Benson LLP, examines possible future developments in this area in the EU and internationally. / read more

Franchisee Grow With Us argued that although a contract required it to supply franchisor Green Thumb (UK) Ltd with electronic customer data, to have supplied that data would be a breach of the DPA. Bridget Treacey, a partner with Barlow Lyde & Gilbert, details how the case highlights a misconception: that it is the responsibility of the franchisor to show that such a transfer would not infringe the DPA. / read more

In a recent decision, the Court of Appeal has issued valuable guidance on the position of financial institutions required to transfer funds, when they suspect that to do so, may implicate them under the Proceeds of Crime Act. Anthony Riem and Vasco de Oliveira of Philippsohn Crawfords Berwald Solicitors examine the case. / read more

The International Chamber of Commerce has proposed a standard application form for the approval of "binding corporate rules" as a modest step forward in multinational corporate groups' seemingly endless search for compliance with EU restrictions on data transfer. Richard Jones of Clifford Chance assesses how far there still may be to go. / read more

Growing sophistication and mainstream adoption of new media advertising is likely to raise novel issues in relation to old data protection problems. In this article, Simon Briskman, a partner at Field Fisher Waterhouse, examines common issues surrounding online data capture for advertising purposes in Europe. / read more

A recent Court of Appeal criminal case has been widely welcomed for not following the narrow definition of 'personal data' in the Durant judgment. Ruth Boardman and Rhian Ap Dewi of Bird & Bird, examine the judgment and explain why the case did not consider Durant. / 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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