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Data Protection Leader

Volume: 4 Issue: 6
(June 2007)


News

Google will anonymise search data after 18 months, so the data cannot be connected to users, in a move designed to satisfy the concerns of the European Union's Article 29 Working Party that a 'storage period' of 18-24 months 'does not meet the requirements of the European legal data protection framework'. / read more

India's national IT industry group, NASSCOM, is setting up the Data Security Council of India (DSCI), a self-regulatory organisation, designed to improve security standards in IT and Business Process Outsourcing (BPO). The DSC should be operational by the end of July 2007. / read more

European Data Protection Supervisor Peter Hustinx and the UK's Select Committee on Home Affairs have warned that data sharing in the fight against international terrorism could endanger privacy. / read more


Features

When you are in the spotlight, you can do two things: try to hide and keep quiet, or smile and face the music. Google, as a true leader in its field, has chosen the latter. In fact, not only has Google been willing to play the regulatory game, but it has proactively taken steps that many other successful businesses would be afraid to take. A very telling example of the approach that Google has adopted towards European data privacy issues is the decision to become directly involved in the work of the Article 29 Working Party. It is ironic that after opening itself to the Working Party's scrutiny, the regulators have been somewhat harsh in their public response to Google, as if they were saying 'nice try, but don't think that we're going to let you off so easily'. / read more

The Court of Appeal decision in Johnson v Medical Defence Union highlighted an alternative interpretation of what constitutes 'processing' of data for the purposes of the Data Protection Act according to Sue Cullen, a solicitor with Pinsent Masons. Cullen examines the arguments in the case and in previous decisions on the 'processing' of personal data. / read more

The word 'necessary' appears in many aspects of data protection regulations and its meaning has been interpreted differently, depending on the context in which it is used. Nigel Wildish and Caroline Joyce, of Field Fisher Waterhouse LLP, examine differences in interpretation at European and UK regulatory and case law level. / read more

Germany has recently passed a law linking the databases of various authorities, which it has justified as necessary in the continuing fight against terrorism. Jan Pohle and Margaret Nießen, of Taylor Wessing, examine the provisions of the Anti Terror Database Law (ATDL) and concerns over privacy and human rights issues, as well as the implications of the ATDL following the Treaty of Prüm, which mandated closer police cooperation between European states in the fight against terrorism. / read more

On 24 October, the exemption for manual data stored prior to 24 October 1998 in a non-automated filing system from certain aspects of the Data Protection Act will expire. Dominic Hodgkinson, of Pillsbury Winthrop Shaw Pittman LLP, highlights issues of which companies need to be aware. / read more

Most major banks have announced that they will send chip and pin reading devices to their customers in an effort to combat online fraud. Alessandro Liotta, of Pillsbury Winthrop Shaw Pittman LLP, highlights potential issues with the new system. / read more

As an offshore financial centre, the Channel Island of Jersey, has a substantial trusts sector. Huw Thomas, a senior associate with Ogier, Jersey, explains the position of trusts and highlights potential data protection issues that could occur with them. / 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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