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Data Protection Leader

Volume: 6 Issue: 1
(January 2009)


News

The Spanish data protection agency (AEPD) will draft a proposal for an international data protection convention, after principles on the format and content of the proposal were discussed at a 12 January meeting between the world's data protection regulators, academic and business representatives, the Council of Europe, The European Data Protection Supervisor and the Organisation for Economic Cooperation and Development. The proposal will be put to the 31st International Conference of Data Protection and Privacy Commissioners, which takes place 4-6 November in Madrid. / read more

Data Protection Law & Policy is organising a full-day Data Protection and Social Networking Briefing on Tuesday 10 February, at the London offices of leading city law firm, Bristows. / read more

New powers have been granted to the Irish Data Protection Commissioner to refer companies guilty of 'serious breaches' of new legislation which makes unsolicited e-communications an indictable offence to the Circuit Court, where fines of up to €250,000 or 10% of turnover - whichever is greater - can be issued. / read more


Features

No, that is not a Churchillian message to help the privacy and data protection community overcome the current economic uncertainties. Those words describe the necessary ingredients for the adoption of international privacy standards; a process that was kick-started in a chilly but sunny Barcelona at the beginning of this year. On 12 January, a group of worldwide privacy apasionados packed in a room at the solemn Parliament of Catalonia began a project that could change the way data protection and privacy laws are complied with and enforced in the future. / read more

As an eventful 2008 came to a close, we asked members of our editorial board to present their views on what the key issues in data protection will be during 2009. The responses are set out in this article. / read more

Mark Gleeson and Hilary Burgess, of Addleshaw Goddard LLP, examine the legal and commercial issues surrounding the sale of a customer database in insolvency situations. / read more

As part of a settlement to resolve Federal Trade Commission charges, Sony BMG agreed to pay $1 million, on 11 December, for violating the Children's Online Privacy Protection Act (COPPA) by collecting information on children under the age of 13 without the consent of their parents. Susan L. Lyon, Of Counsel at Perkins Coie, outlines why Sony BMG was found to be in violation of COPPA. / read more

The UK government has recently announced it will launch a public consultation on proposals to amend legislation that allows public authorities to access communications data, which would introduce a database of telecommunications data. Sarah Needham, an Assistant Solicitor with Macfarlanes LLP, examines concerns about the rationale behind the database, as well as questions over compliance with the European Convention on Human Rights. / read more

The current economic climate means that many companies are facing data protection challenges caused by insolvency, redundancy and the transferral of customer databases to a buyer or administrator. Jeremy Morton, a Partner with Fasken Martineau LLP, highlights issues such as transferral of customer consent for data processing, issues around data use for marketing purposes, staff removal of company data, disposal of computer databases, subject access requests following redundancy, disclosure of employee information under TUPE and enforcement problems that can occur when a data controller ceases to exist. / read more

Two recent cases have highlighted that an employee's expectation to privacy of electronic communications in the workplace is open to interpretation by the courts, based on factors such as consistent application of a monitoring policy and government disclosure requirements. Andrew B. Serwin, a Partner with Foley & Lardner LLP, examines United States v Long and Quon v Arch Wireless Operating Co, Inc., and the implications that they could have for workplace monitoring of e-communications. / 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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