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Data Protection Leader

Volume: 7 Issue: 10
(October 2010)


Binding Corporate Rules (BCRs) and Binding Safe Processor Rules (BSPR) would be "tools for accountability" and would help "spread out EU data protection standards outside of Europe", said Emmanuelle Bartoli, Legal Adviser at the French data protection authority (CNIL), speaking at the DataGuidance Data Transfer & Data Breach Notification Briefing, on 20 September. / read more

The US Federal Trade Commission (FTC) is expected to publish a Privacy Report before the end of 2010. The Report - the result of a series of 'privacy roundtables' organised by the FTC between 2009 and 2010 - will focus on privacy by design. / read more

The UK Information Commissioner's Office (ICO) called for 'more flexible solutions for recognising the adequacy of organisations in non-adequate countries', in its 6 October response to the UK Ministry of Justice (MoJ) call for evidence on the current data protection legislative framework. / read more


Is individual choice still the essence of data privacy law? In the early days of data protection as a regulated activity, putting people in control of their information was thought to be what mattered the most. From the 1980 OECD Guidelines to the latest version of the EU ePrivacy Directive, consent has been a cornerstone across legal regimes and jurisdictions. European data protection law is based on the principle that an individual's consent is the most legitimate of all legitimate grounds to use information about people. But does this approach still hold true? Can we ≠ as individuals ≠ attempt to have a meaningful degree of control over the vast amount of information we generate as we go about our lives? / read more

Contactless data transmission technologies and, in particular, radio frequency identification devices, can no longer be seen as a 'new development' in the information society. Valerie Surgenor, Senior Associate at MacRoberts, examines the emergence of the technology, the privacy and security concerns associated with it, and the recent efforts of the European Union to address those concerns. / read more

The obligation to notify data breaches came into force in Germany last year, leaving open questions regarding its scope and application. Ulrich Baumgartner, a Partner with Osborne Clarke in Munich, provides practical guidance based on experience on how companies should handle the new notification obligation in a country whose public is very sensitive about any misuse of its personal data. / read more

The US adopted its first children's privacy law - the Children's Online Privacy Protection Act (COPPA) - in 1998. As the FTC undertakes a comprehensive review of the COPPA implementing Rule, Sheila Millar and Crystal Kincaid, of Keller & Heckman LLP, discuss whether changes are in the works, and if so, what the implications could be. / read more

The New Zealand Privacy Act 1993 has recently been amended by the Privacy (Cross-border Information) Amendment Act 2010, resulting in a number of additional powers for the New Zealand Privacy Commissioner. Kathryn Dalziel, Associate at Taylor Shaw, discusses what exactly has been achieved by this amendment, and explains the likelihood of New Zealand obtaining adequacy status from the EU. / read more

Companies that transfer personal data across borders face different challenges, depending on their size and the complexity of the transfers they operate. Frédéric Blas, Associate Lawyer at J. Olleros & Asociados, analyses the tools currently available, and discusses the advantages and disadvantages they offer to companies with different needs. / read more

Mergers and acquisitions fall under the scope of data privacy laws, which must be taken into consideration, in particular, when transferring or processing employee, customer of vendor data as part of an M&A. Janet Steinman, of the Law Office of Janet Steinman, examines the applicable legislation in the US and identifies the risks and challenges of compliance. / 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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