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Data Protection Leader

Volume: 6 Issue: 11
(November 2009)


The Ministry of Justice (MoJ) launched a consultation, on 9 November, seeking views on the Information Commissioner's Office (ICO) being able to impose a maximum fine of £500,000 for serious breaches of the Data Protection Act 1998 (DPA). The MoJ's consultation follows draft guidance - published by the ICO on 4 November - explaining the circumstances in which a fine could be imposed on companies. / read more

Online business leaders fear that a little noticed amendment to the e-Privacy Directive could have a profound impact on e-commerce. / read more

The Indian Information Technology (IT) Amendment Act 2008, which introduces data protection and security regulations in the Indian legislative system, came into force on 27 October. / read more


About ten years ago - during the golden days of the internet boom - the European Union institutions were very keen to be doing everything in their power to foster the growth of the incipient digital economy. Consumer protection was at the top of the agenda but so was the development of the information society, and that was reflected in a number of legislative measures. In the area of e-privacy, the EU institutions worked hard to get the balance right and that was also palpable in the resulting Privacy and Electronic Communications Directive. Ten years later, internet technology has obviously evolved but the priorities remain very similar. Therefore, it is beyond belief that the same institutions have managed to agree on a change that could well mean the end of the internet as we know it. / read more

The French Data Protection Act requires data controllers who wish to implement biometric systems to obtain the prior authorisation of the French data protection regulator (CNIL). While explaining that the CNIL does not 'mistrust' biometric technology, Guillaume Desgens-Pasanau, Head of the Legal Department at the CNIL, outlines the measures that companies implementing biometric systems should follow to ensure compliance with French legislation. / read more

As a result of the recent amendments to the Dutch Telecommunications Act, e-marketing and telephone marketing are now subject to more stringent provisions. Hester de Vries and Nicole Wolters Ruckert, Lawyers at Kennedy Van der Laan, examine the impact of the new changes. / read more

In its drive to be considered as a safe harbour destination by the European Union, Uruguay has introduced new rules implementing and expanding some of the provisions of its recently passed Personal Data Protection Law. Martín Colombo, a Lawyer with Ferrere International, explains how the new regulations comply with European law and 'remedy commercial disadvantages' for Uruguay. / read more

A report released by the Australian Law Reform Commission in 2008 is gradually changing Australia's Privacy Act as the government recognises the need for clarification and action. However, the administration has ignored some major recommendations. Malcolm Crompton, Australia's Privacy Commissioner between 1999 and 2004, discusses what the proposed modifications would entail. / read more

The internet has enabled easier access to published material. However, it has also allowed an inflation in the possibility of legal action, which can be brought every time an article is accessed. Steven James and Farah Barbir, of Pinsent Masons LLP, examine the current state of UK defamation law and address potential remedies. / read more

The speed at which identity theft fraud is growing in the US triggered the creation of security breach notification legislation, both at federal and state level. Joan Antokol, a Partner at Baker & Daniels, explains how Europe can learn from the US experience at a time where the EU institutions and Member States are increasingly discussing data breach legislation. / 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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