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Data Protection Leader

Volume: 5 Issue: 11
(November 2008)


British Airways and Virgin Atlantic are to discipline staff following disparaging comments made about customers, hygiene and safety in private groups on Facebook, the social networking website. / read more

Microsoft, Google and Yahoo! launched the Global Network Initiative on 28 October, to counter growing worldwide government pressure to comply with domestic laws requiring censorship and disclosure of personal information. / read more

UK Information Commissioner, Richard Thomas, has said that he expects the extra £6 million in funding recommended in July's Data Sharing Review to be granted after the Queen's speech in December, although the Ministry of Justice (MoJ) refused to confirm the funding boost. / read more


US presidential excitement aside, the vast majority of stories we hear from the media these days are pretty grim. Job losses, raising prices, plummeting shares, shrinking pensions - all depressing stuff. In line with the current global state of affairs, our well respected UK Information Commissioner, always a master of good timing, has recently contributed his own grim analysis of the current level of data protection in the UK. Speaking at the RSA European Conference on data security, Richard Thomas exposed a rather disturbing picture of how things are in the data protection world which even the most enthusiastic privacy professional would find demoralising. / read more

Governor Schwarzenegger has recently signed into law two new bills that amend existing California laws to offer tougher protection to patient health information, after concerns were raised about unauthorised access to such information. Leeann M. Habte, Shirley P. Morrigan and Andrew B. Serwin, of Foley and Lardner LLP, examine how the new bills set new financial penalties and levels of accountability for those responsible for unlawfully disclosing health data, as well as the role and powers of a newly-established state office designed to protect the confidentiality of medical data. / read more

The District Court of Munich (Amtsgericht) ruled on 30 September that website operators are free to log their users' Internet Protocol (IP) addresses under German data protection legislation. Bastian Cremer, an Associate with Bird & Bird, examines the Court's decision, which contradicts a 2007 judgment of the District Court of Berlin Mitte, and explains the implications the differing decisions have for website operators. / read more

California has become the second US state to pass legislation prohibiting the skimming of information from radio frequency ID (RFID) enabled identification documents without the consent of the document owner. William Sloan Coats and Thomas Flynn, of White & Case LLP, examine what constitutes an ID document under the law, exempted documents and circumstances, and potential difficulties with enforcement. / read more

The Spanish data protection authority (AEPD) has issued a Handbook for children and their parents on how to browse the internet safely, by following a simple set of recommendations. The Handbook contains three sections, providing a definition of a child's data protection rights, recommendations for parents and recommendations for children. Noemí Alonso Calvo, a Senior Associate at DLA Piper, analyses the Handbook, which was created based on the current Spanish Data Protection Act. / read more

Losses from plastic card fraud in the UK have increased by 14% in the first six months of 2008 over the comparative period in 2007. Katy Worobec, Head of the Fraud Control Unit at APACS, the UK Payments Association, outlines the reasons for the change as well as the positive steps the banking industry has taken to prevent fraud, such as the establishment of a central shared fraud reporting database. / read more

Israel's data protection authority (ILITA) expressed concerns after Israeli banks were ordered to divest their holdings in pension funds and mutual funds, transferring client databases containing sensitive financial information to new owners. Yoram Hacohen, head of the ILITA and Omer Tene, Associate Professor at the College Management School of Law, examine the concerns and how they were resolved. / 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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