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Data Protection Leader

Volume: 4 Issue: 12
(December 2007)


The UK Information Commissioner's Office (ICO) is seeking criminal penalties for security breaches following the loss of personal data on up to 25 million individuals by HM Revenue & Customs, and is investigating the sale of personal financial details of individuals on the internet. / read more

Data Protection and privacy professionals have welcomed the launch this month of DataGuidance Europe and DataGuidance UK. / read more

The German presidency of the Article 29 Data Protection Working Party, an EU advisory body composed of national data protection authorities, said that an investigation into the threat posed to privacy by behavioural online advertising is a "priority". / read more


Laptops can fly. They fly away when you open the boot of the car. They fly from hotel rooms and offices. They even fly from your vendors' premises when staying overnight. Or at least, that appears to be the case judging by the amount of reports about lost and stolen laptops. Many of those reports are the result of voluntary disclosures made by all types of organisations in an attempt to mitigate the effect of such losses. Disclosures of security breaches are becoming as common as the security breaches themselves, even in Europe where the legal obligation to notify anyone is questionable. / read more

Major privacy breaches in recent years have prompted the New Zealand Privacy Commissioner to recently launch its privacy breach guidelines. The guidelines, which are modelled on those recently released in Canada, adopt a risk-based approach, with the Commissioner citing the flexibility of the model to be tailored to particular breaches and the prevention of 'notification fatigue' as among the reasons for this approach. In this article, Julia Harrison, legal and policy adviser at the Office of the Privacy Commissioner, sets out the guidelines and the reasons for adopting a risk-based approach. / read more

Vast amounts of satellite and aerial imagery of major urban centers have been available on the World Wide Web for some time. For the most part, this imagery consists of overhead pictures of moderate resolution. The highest resolution currently available clearly shows that people are present, but it is nearly impossible to identify any of these individuals. Recent developments in three dimensional (3D) mapping technology have changed the dynamic. Today, the collection and instantaneous online transmission of photographs of the places where we live, shop, study and work represents one of the newest threats to personal privacy. / read more

Increasing consumer take-up of mobile handsets coupled with the continued roll-out of high-speed data networks have led to predictions that approximately $4.8 billion will be spent on mobile advertising in the United States alone by 2011. Nancy J. Mertzel, Counsel and Jan Tori Evans, Associate at Thelen Reid Brown Raysman & Steiner LLP, examine the legality of commercial SMS advertising in the United States with reference to two conflicting court judgments which interpret whether the federal Telephone Consumer Protection Act applies to SMS messages / read more

The explosion of user generated content sites, where users post content onto a website without it first being checked by an editor, has led to increased challenges for privacy professionals involved in the internet sector. Margaret Tofalides and Lauren Orakwusi, of Addleshaw Goddard LLP, examine terms of use employed by social networking sites, liability of such sites for user generated content under European law, and procedures for removal of content that infringes a person's privacy rights. / read more

On 17 October, the Dutch Data Protection Authority published a consultation document setting out the basis on which the publication of personal data on the internet and its compliance with the Dutch Data Protection Act would be assessed. Nicole Wolters Ruckert, an attorney-at-law with Kennedy Van der Laan, sets out the guidance and its implications for those who publish personal data online. / read more

The length of time for which police forces currently retain data is currently a controversial topic. The Irish Data Protection Commissioner has approved a data protection Code of Practice for An Garda Síochána, the Irish Police Force, which requires it to recognise the privacy rights of individuals it compiles data about. Gary Davis, deputy data protection commissioner in Ireland, explains the benefits of such a Code, the issues involved with drafting and distributing the Code, and discusses its potential roll-out to areas other than the Gardai. / 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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