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Data Protection Leader

Volume: 5 Issue: 10
(October 2008)


The European Commission's Article 29 Data Protection Working Party is to meet three search engines to discuss concerns over their data retention policies in Brussels during the first half of December. / read more

Nine European Union Member States have agreed to mutually recognise Binding Corporate Rules (BCRs) approved by the Data Protection Authorities (DPAs) within those Member States, as part of a push by the European Commission's Article 29 Data Protection Working Party to improve the coordination procedure for BCRs. / read more

US financial institutions and creditors must implement a programme to 'detect, prevent and mitigate instances of identity theft' by 1 November, under the Identity Theft Red Flags and Address Discrepancies rules - issued by the Federal Trade Commission (FTC), the National Credit Union Administration (NCUA) and other federal bank regulatory agencies in November 2007. / read more


One can only wonder how much the US presidential candidates must dread their pre-election TV debates. Make one big mistake and your changes of becoming the most powerful person on the planet are over. No pressure! Mind you, like Olympic athletes lining up before a final, they probably look forward to it more than anyone can imagine. One event that many privacy professionals and data protection lawyers look forward to is the international privacy commissioners' conference that takes place in the Autumn every year. As the 30th edition of the conference - to be held in Strasbourg - approaches, the world's privacy commissioners are likely to be getting excited at the prospect of debating the hottest data privacy issues affecting us all. / read more

On 24 September, the Information Commissioner's Office (ICO) issued the Liberal Democrats with an enforcement notice for breaking privacy rules by making 250,000 automated phone calls to homes. The ICO notice said that if the Liberal Democrats do not stop, they could face possible prosecution. Kenneth Currie, a Lawyer at Field Fisher Waterhouse LLP, examines the case and other recent automated call cases involving the Liberal Democrats, the Scottish National Party and Barclaycard. / read more

The Article 29 Working Party has published guidance on Binding Corporate Rules (BCRs), which companies can use for the internal transfer of information to countries that do not have adequate data protection laws in place. Rohan Massey, a Partner with the IPMT Group at McDermott Will & Emery UK LLP, examines the three Working Documents issued comprising the guidance, highlighting the role of data processors in relation to BCRs, which entities can be nominated as responsible for a breach of BCRs and the right of data subjects to lodge a complaint with national data protection authorities in the event of a breach of the BCRs. / read more

The EU Privacy Directive categorises data into general personal data and sensitive personal data. This can create issues in the internet age, when users of sites such as social networks may want friends to be able to view their sensitive personal data, but not their work colleagues or employers. Allen Brandt, Corporate Counsel at the Graduate Management Admission Council, argues that a new system for categorising data is needed, taking into account the subject's access and consent wishes. / read more

Applause Store Productions Limited v Raphael served as a reminder of the dangers that defamation and misuse of personal information on the internet present. Rebekah Mantle, a Senior Solicitor with CMS Cameron McKenna, examines how websites that do not monitor third party content can avoid liability under the Defamation Act, assesses the risk of breaching the Human Rights Act and the Data Protection Act by passing on information concerning the ID of a content poster, and the use of Norwich Pharmacal orders to force such internet sites to identify posters. / read more

In the final instalment of a two-part article, Francis Aldhouse, a Consultant with Bird & Bird, discusses the difficulty in applying definitions of what constitutes a 'controller' or 'processor' to modern technologies such as RFID. He examines how subcontractors can find themselves liable for the protection of data over which they have no control, and suggests how a new definition of who is responsible for - and liable for - the protection of personal data could be drafted. / read more

On 16 July, the Federal High Court in Germany issued a decision concerning a clause within the standard terms and conditions of a Business to Consumer (B2C) contract that implied consent for address data to be used for sales promotions. Dr. Jochen Lehman, a Lawyer with Görg, examines how the decision set a precedent that will require companies to obtain specific consent for the use of address data for sales promotions, as well as the guidance that it offers companies processing personal data to complete B2C contracts. / 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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