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Data Protection Leader

Volume: 7 Issue: 1
(January 2010)


News

A standing committee of the Chinese Parliament - the National People's Congress - passed, on 26 December 2009, a new Tort Liability Law that lists the 'right to privacy' among protected 'civil rights and interests' for violations of which citizens are now empowered to sue. The new law, which comes into force on 1 July 2010, regulates tort liability across a wide range of issues, including compensation for harm caused by defective products - a provision which, according to Chinese agency Xinhua News, was introduced in response to dairy company Sanlu Group contaminating its milk powder with melanine in 2008. / read more

A decision of the Swiss financial regulator - the Financial Market Supervisory Authority (FINMA) - ordering UBS to disclose its clients' data to the US authorities was unlawful, the Swiss Federal Administrative Court ruled on 5 January. The US Department of Justice and the Internal Revenue Service requested UBS to disclose the data of approximately 300 of its clients to investigate tax evasion claims, and threatened legal action if the data were not released. FINMA ordered the disclosure on 18 February 2009 under the Swiss Banking Act, in an attempt to ensure the stability of the financial system. / read more

The French Supreme Court (Cour de Cassation) ruled - on 8 December 2009 - that the scope of a whistleblowing scheme operated by software company Dassault Systèmes was broader than that allowed by the French Data Protection Authority (CNIL)'s Expedited Approval Procedure. / read more


Features

Democracy is often taken for granted in the western world. However, the possibilities for taking part in the political debate in democratic countries are almost limitless. From the ubiquity of internet blogs to door to door canvassing, those who care about taking a stance on public policy issues are unlikely to run out of options. / read more

As our economy emerges from the recession, and the number of business transactions increases, organisations and their advisers should ensure that data protection responsibilities are addressed at an early stage. Bridget Treacy and Purdey Castle, of Hunton & Williams, illustrate the key data protection issues arising from corporate transactions and provide practical tips for businesses on how to deal with such issues. / read more

New legislation on telemarketing recently introduced an opt-out regime in Italy - as opposed to the previous opt-in system - and significantly reduced the sanctions for non-compliance. Rocco Panetta, Partner at Panetta & Associati, examines the recent amendments and explains the concerns of the Italian data protection authority on the new telemarketing regime. / read more

The Asia-Pacific Economic Cooperation (APEC) Privacy Framework, which was approved by APEC Ministers in 2004, aims to assist cross-border transactions and economic growth within the region while upholding data protection principles. Paula Bruening, Deputy Executive Director of The Centre for Information Policy Leadership at Hunton & Williams, examines the Framework implementation practices across APEC economies. / read more

A recent ruling of the Higher Court of Düsseldorf extended the scope of liability in cases where there is a failure to verify whether customers' consent has been obtained before sending out email communications. Joachim Dorschel, Attorney-at-Law with Bartsch und Partner, examines the ruling under competition and data protection law, and explains why it is remarkable. / read more

In 'R v Cuttell', a Canadian court held that an internet user's 'expectation of privacy' depends on consent to the Service Agreement concluded with the internet service provider (ISP), which would enable the ISP to hand over personal information to the authorities. David Fraser, from McInnes Cooper, examines the decision of the court and compares it with previous caselaw. / read more

A recently signed EU-US agreement will enable the US Department of Treasury to access financial data held in the EU for counter-terrorism purposes from 10 February. Francis Aldhouse, Consultant with Bird & Bird, comments on the 'disheartening' agreement and its attempts to strike a balance between private rights and collective needs. / 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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