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Data Protection Leader

Volume: 6 Issue: 7
(July 2009)


News

The Article 29 Data Protection Working Party (Article 29 WP) clarified that the provisions of the Data Protection Directive (95/46/EC) apply to social networking sites (SNS), even if their headquarters are based outside of the EU. / read more

The Article 29 Data Protection Working Party (Article 29 WP) has said that the World Anti-Doping Agency (WADA) has yet to address key data protection and privacy issues raised in an April Opinion, despite changes made to WADA's International Standard for the Protection of Privacy and Personal Information (ISPPPI). / read more

DataGuidance, the global data protection and privacy compliance platform, has launched coverage of data protection and privacy legislation in the main countries within Eastern Europe's Commonwealth of Independent States (CIS) and the main Latin American countries. / read more


Features

Life is full of myths. Some of those myths are as old as the world itself and others are less so. Technological developments are responsible for many modern myths and the internet alone has created quite a few. Do you remember the famous 'on the internet nobody knows I'm a dog'? What about those who used to say that the internet was unregulated? Now it is the turn of cloud computing and its perceived data protection compliance immunity. As with any other technological developments, cloud computing does not exist above laws and regulations. Quite the opposite - cloud computing creates some head-scratching legal challenges. / read more

The Obama administration plans to implement measures in order to protect the US' cyber infrastructure, which include the appointment of a cybersecurity czar. David N. Fagan and Ryan Budish, of Covington & Burling LLP, examine the US' recent Cybersecurity Policy Review, the recommendations it makes, next steps and the perceived role of the cybersecurity czar. / read more

Following a rise in the number of advertisements for phone-paid services on the internet, PhonepayPlus has issued guidelines to service providers and others regarding their compliance with its Code of Practice, which regulates phone-paid services in the UK. Ted Lean, Director of Legal Services at PhonepayPlus, examines common breaches of the Privacy and Electronic Communications Regulations - such as unsolicited texts and reverse billing - and the difficulties that arise when affiliate partners are responsible for advertising phone-paid services. / read more

A new UK mobile phone number directory enquiry service, 118800, has prompted privacy concerns since it uses existing consent given by mobile phone subscribers when signing contracts as a basis for inclusion, rather than seeking opt-in consent. Pat Walshe, Director of Privacy Matters, examines how the service works, BT's obligation to establish and maintain directory services in the UK and how this right is limited by the E-Privacy Directive, as well as assessing 118800's compliance with PhonepayPlus' Code of Practice. / read more

In Italy, user generated content has resulted in criminal proceedings relating to paedophilia, copyright infringement, unlawful data processing and defamation. Massimiliano Pappalardo of La Scala & Associati and Hannah Jackson of Field Fisher Waterhouse LLP, examine liability for uploading personal data under Italian data protection laws, ISP liability, the duties of an ISP when faced with illegal content, case law relating to criminal liability of ISPs and suggest how the laws can be practically interpreted. / read more

The Federal Trade Commission (FTC) has urged the online advertising industry to develop workable self-regulatory programs to address concerns raised by behavioural advertising. Lisa J. Sotto and Melinda L. McLellan, of Hunton & Williams LLP, examine the steps to be taken by the FTC, the US House of Representatives and the US Senate if the industry fails to adequately self-regulate. / read more

The UK has recently implemented the Data Retention Regulations, which implement the Data Retention Directive in the UK. Ruth Boardman, a Partner with Bird & Bird, examines the requirement for providers of a 'public electronic communications service' to retain data, the scope of this definition and of the Regulations. / 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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