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Data Protection Leader

Volume: 7 Issue: 11
(November 2010)


Peter Hustinx, the EU Data Protection Supervisor (EDPS), has welcomed the publication of the EU Commission's strategy for the review of the Data Protection Directive (95/46/EC), stating that the "challenges are enormous", but that the proposed solutions must be "equally ambitious". / read more

Data Protection Law & Policy has teamed up with Bristows LLP to bring you the London-based Data Protection & Employment Briefing on 9 December 2010. This full-day event will hear discussions on essential employment issues such as recruitment and selection, the ICO's views on handling employee records, rolling out a HR IT system internationally, whistleblowing, employee monitoring and data transfers and outsourcing, among other things. / read more

The EU Commission announced last month it would refer Austria to the Court of Justice of the EU (CJEU) for breaching the Data Protection Directive (95/46/EC), which requires Member States to 'establish a completely independent supervisory body'. / read more


After months of anticipation, weeks of gossip and leaked strategy documents, the European Commission has finally and publicly come out of the legislative policy closet. The publication of the Commission's approach for modernising the EU legal system for the protection of personal data is a crucial milestone. In fact, the potential impact of the Commission's official communication should not be underestimated. If it gets it right, this will shape the future of privacy - a must-have value for the information society. If it gets it wrong, not only will legal compliance be compromised, but a fundamental right will end up being very badly damaged. / read more

Third party identity providers are playing an ever-increasing role in companies' identity management systems, in what has become known as the 'federated' model of identity management. Thomas J. Smedinghoff, Partner at Wildman Harrold in Chicago, and Co-Chair of the American Bar Association Federated Identity Management Legal Task Force, discusses how businesses can manage the privacy and liability issues that arise with the incorporation of the model. / read more

The introduction of mandatory breach disclosure laws in the US has had an undeniable impact on the way organisations approach incidents of data loss, not just in the US but across the world. Five years ago the loss of a back-up tape was typically a mild inconvenience to IT staff - now it can be a brand damaging incident that shakes a company to its foundations. / read more

Much has changed in the US political landscape since Chairman Leibowitz announced in July that the FTC was considering the creation of a Do-Not-Track registry for online behavioural advertising. Lindsey Tonsager, Associate at Covington & Burling in Washington DC, analyses the self-regulatory efforts the US online advertising industry is making to prevent attempts to impose do-not-track legislation, and explains why it may not see the light of day in the next few years. / read more

Social media can be a powerful and productive tool for businesses. The advantages must however be reconciled with data privacy regulations, often lagging behind the fast pace of technology. Mari Anne Snow, CEO of consulting firm Sophia Think, explains why self-governance is the only defence for highly regulated businesses, and identifies the best practices that will make self-governance work. / read more

The legitimacy of email monitoring at the workplace is ambiguous under the Argentinian legal system, not only in light of the constitutional guarantee of the inviolability of correspondence, but also on account of the protection granted to electronic mail under the recently-enacted Law 26.388 on crimes related to information systems. Maximiliano D'Auro and Julieta Bontempi, from Estudio Beccar Varela, examine the issues and the responses provided by case law. / read more

Bankruptcy raises a number of issues concerning data privacy. As US court documents, bankruptcy court documents are public information, and may sometimes include personal information, such as customer lists, which is often seen as a valuable asset. Janet Steinman, from the Law Office of Janet Steinman, examines the privacy issues in this area and the application of the current laws. / read more

The Article 29 Data Protection Working Party adopted, on 12 June 2009, its Opinion 5/2009 on online social networking in order to focus on how the operation of social networking sites can meet the requirements of EU data protection legislation. The Opinion was principally intended to provide guidance to social network service providers on the measures that need to be in place to ensure compliance with EU law, but additional commentary focused on the extent to which social network service users - who themselves disclose and collect personal data - could be subject to the benefits of EU data protection legislation, as well as to the requirements to comply as a data controller under EU data protection laws. / 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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