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Data Protection Leader

Volume: 6 Issue: 6
(June 2009)


News

Swiss voters narrowly approved the introduction of electronic passports from 1 March 2010, which will involve the recording of biometric data in Switzerland's centralised ID documents electronic databank (ISA), formed in 2003. A referendum held on 17 May recorded 50.1% of voters in favour and 49.9% against. / read more

Google Germany accepted an ultimatum, on 20 May, to address 12 possible violations of the German data protection law when taking pictures for its Street View application or face the application being deemed illegal. The ultimatum - sent by Johannes Caspar, the Hamburg Data Protection and Freedom of Information Commissioner - also included a request to delete all its raw data, which includes unblurred pictures of people and number plates. / read more

The Vice-President of the European Commission, Jacques Barrot, said the European model for the protection of personal data should serve as a guide to building global data protection standards. / read more


Features

Yahoo. Ebay. Windows 95. Macarena. Toy Story. OJ Simpson's murder trial. The DVD. Shaggy's Bombastic. Barings Bank collapse. The EU Data Protection Directive. What do they have in common? They all happened in 1995. Well before the Millennium Bug and Lance Armstrong's first Tour de France victory. Yes, ages ago, which is the same conclusion that the RAND Europe's study into the 1995 Directive commissioned by the UK Information Commissioner - has reached. As most people suspected and many had already proclaimed, the Data Protection Directive is getting old and, according to the RAND Europe report, does not fully meet its stated objectives of protecting people's right to privacy and of enabling the free flow of personal data within the EU. / read more

European data protection commentators have recently criticised the US for failing to adequately protect the privacy of citizens. Mary Ellen Callahan, Chief Privacy Officer at the US Department of Homeland Security, argues that this criticism is often based on the perception that because the US does not have precisely the same data protection entities as those in Europe, it cannot offer the same level of privacy protection. She argues that privacy redress is available to non-US persons using a series of examples involving legislation such as the Freedom of Information Act, the DHS Traveler Redress Inquiry Program, the Computer Fraud and Abuse Act and more, arguing that a unitary approach to privacy redress is unlikely to be more efficient than the current system. / read more

The Information Commissioner's Office recently authorised binding corporate rules from Accenture and Atmel, which allows the companies to internally transfer data outside of the European Economic Area (EEA). Sian Rudgard, a Solicitor at Field Fisher Waterhouse LLP, reviews the latest BCR authorisations and discusses other recent BCR developments. / read more

The US Federal Trade Commission has recently put back a deadline under its Red Flags Rule for implementing an ID theft prevention programme to 1 August. Elizabeth H. Johnson, an Attorney with Hunton & Williams LLP, examines the requirements on creditors and financial institutions to implement measures to combat fraud via ID theft, which organisations and accounts fall under which aspects of the rules and procedures that must be implemented to combat ID theft fraud. / read more

The Spanish government has recently approved a Royal Decree which regulates doping control and testing in sport and limits when anti-doping authorities can collect data from athletes, following concerns raised that the World Anti-Doping Agency's requirements infringed athlete privacy. Noemí Alonso, a Senior Associate with DLA Piper, examines the demands that the Spanish Law on Personal Data Protection (LOPD) places upon information collected under the Royal Decree, including questions over whether that information is in the public interest, as the LOPD requires. / read more

The functions of the Information Tribunal ­ which hears appeals against notices issued by the Information Commissioner under the Data Protection Act and Freedom of Information Act ­ will transfer to the General Regulatory Chamber as of January 2010, subject to Parliamentary approval. Francis Aldhouse, a Consultant at Bird & Bird, examines the reasons for the change and the effects that it will have. / 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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