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Data Protection Leader

Volume: 5 Issue: 4
(April 2008)


News

The French Minister of the Interior suspended a new database being tested by police following the intervention of the French data protection regulator, which would have allowed users to access information on the personal life of perpetrators, witnesses or victims of a crime or police procedure, it announced on April 22. / read more

The second European Data Protection Intensive, organised by Data Protection Law & Policy, will provide authoritative information from legal experts on the data protection rules and regulations in all 27 EU Member States, plus Norway and Switzerland. / read more

Companies are failing to protect personal data despite increased awareness of data protection issues, according to the UK Information Commissioner's Office (ICO), a Financial Services Authority (FSA) report, Data Security in Financial Services and a PricewaterhouseCoopers survey of 1,007 UK businesses. / read more


Features

If there is a topic that is high on the agenda of every privacy officer with international responsibilities these days, it is Binding Corporate Rules (BCR). The concept of BCR has come a long way since the Article 29 Working Party's first signs of support in 2003. At the recent International Association of Privacy Professionals' Summit in Washington DC - an impressive gathering of 1,400 privacy and data protection specialists - BCR was one of the frequently used buzzwords alongside data beach notification, behavioural targeting and global compliance, which shows that the BCR concept is probably the most popular EU data protection law feature outside of the EU. / read more

A recent ruling by a US federal court has, for the first time, held that in certain circumstances, overseas employees of US-listed companies are protected by the whistleblowing provisions of the US Sarbanes-Oxley Act. David N. Mair, a Partner in the New York office of Kaiser, Saurborn & Mair, P.C., the law firm which represented the whistleblower in this particular case, examines the court's decision and its implications for US-listed companies. / read more

The European Commission has proposed an amendment to its e-Privacy Directive which would require Internet Service Providers to notify subscribers and regulatory authorities in the event of a data breach involving personal data. Alessandro Liotta and Dominic Hodgkinson, of Pillsbury Winthrop Shaw Pittman LLP, analyse the proposals and how they are likely to be implemented by EU Member States. / read more

With Malaysian law traditionally failing to recognise privacy rights, spam, mishandling of personal data and the disclosure of 'sensitive' personal data present ongoing problems in Malaysia. The 2001 draft of the Personal Data Protection Bill is expected to be tabled before Parliament this year. Khairul Fazli Abdul Kadir, an Associate at AZMI & Associates in Kuala Lumpur, examines the draft law. / read more

In the final part of a series of articles, Stewart Room, a Partner with Field Fisher Waterhouse LLP, examines how national data protection authorities and the European Commission define Privacy Enhancing Technologies, their role in compliance with data protection principles and how the market is adapting to their use. / read more

Italy's data protection Commissioner recently ordered Peppermint Records to delete data it considered was being illegally processed, reversing the decision of a Rome Court, which had ordered Internet Service Providers to disclose the names of a number of account holders accused by Peppermint Records of sharing music files over the internet. Daniela De Pasquale, a Partner with La Scala & Associati, examines if the data requested by Peppermint constitutes personal data under Italy's regulations, and if Peppermint is processing that data. / read more

In the ten years in which he was Prime Minister, Tony Blair made no more than a handful of speeches in which he referred to child protection on the internet. In less than a year in office, Gordon Brown has made half a dozen. Whereas previously, only Home Office Ministers routinely spoke about internet safety for children, in the past few months, two or three different Cabinet Ministers have made a series of sometimes quite detailed references to it. / 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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