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Data Protection Leader

Volume: 4 Issue: 7
(July 2007)


The European Union is to approve a new agreement on the transfer of Passenger Name Records (PNR) data to the United States on 29 July, confirmed a spokesperson for EU Freedom, Security and Justice Commissioner Franco Frattini. US Secretary of Homeland Security Michael Chertoff, Frattini and German Interior Minister Wolfgang Schäuble agreed a new compromise on 26 June, followed by a political agreement on 29 June. National Parliaments are currently being consulted "in a rapid way", a spokesperson said. / read more

The UK's Information Commissioner has urged chief executives and senior civil servants to take the security of employee and customer data more seriously, following a number of recent 'frankly horrifying' security breaches. / read more

Malaysia's Finance Ministry is looking into drafting a new bill on data protection, after MPs supported an emergency motion, introduced after 780,000 Malaysians were blacklisted by financial institutions based on credit information delivered by an agency not licensed by the government. / read more


Where would you start if you wanted to put together the building blocks of a modern and truly international privacy regime? Yes, you could look at the OECD principles or at the Council of Europe Convention on automated data processing but these are heavily influenced by the respective roles and philosophies of each organisation. / read more

Data sharing between the US and the EU has recently reached the public eye, following the SWIFT case and negotiations over passenger name records data. John W. Kropf, the deputy chief privacy officer and senior adviser for international privacy policy for the US Department of Homeland Security's Privacy Office, explains the US' proposals to use internationally recognised Fair Information Practices to share information in the security context. / read more

The UK has recently agreed to share its DNA database, which contains DNA samples from over 3.5 million individuals who have come into contact with the police, with other EU member states. Lisa Comber, an associate with Faegre & Benson LLP, examines how DNA data will be shared, and discusses how data sharing between EU law enforcement agencies must be governed by parameters consistent with EU law. / read more

Minnesota has become the latest State to pass legislation creating retailer liability for costs incurred by financial institutions as a result of a data breach. William R. Still Jr. and Benjamin L Young, members of the Privacy & Data Security Team at Troutman Sanders LLP, explain why retailers have been critical of the legislation and warn that different approaches to privacy and information security are creating issues for industry. / read more

A European Commission consultation on the Database Directive has highlighted difficulties with interpreting the precise scope of the sui generis database right. Jeremy Morton and Geoff Lees, of Simmons & Simmons, discuss if the Directive has succeeded in achieving its aims and highlight the European Commission's policy options following the consultation. / read more

The Financial Services Authority's review of controls over insider information in relation to public takeovers, highlighted a number of concerns about adequate protection of data and information, and offered guidance to FSA-regulated firms. Jonathan Marsh, Brian McDonnell and Anne Conaty, of Berwin Leighton Paisner LLP, discuss the importance of following the guidance for FSA-regulated firms. / read more

In December 2006, India's draft data protection bill made its way to Parliament. Satyendra Shrivastava, an Associate with ALMT Legal, examines modifications to the Bill, and reports on its progress. / 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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