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Data Protection Leader

Volume: 7 Issue: 12
(December 2010)


The criteria for determining applicable law in the amended EU Data Protection Directive (95/46/EC) may change "from establishment and equipment to citizenship or residency", Eduardo Ustaran, Head of the Privacy and Information Law Group at Field Fisher Waterhouse LLP, said speaking at a webinar on the review of the Directive organised by Data Protection Law & Policy's sister publication, DataGuidance. / read more

The Indian Department of Personnel and Training (DoPT) launched a public consultation on a discussion paper according to which clear privacy legislation 'that spells out the nature of the rights available to individuals and the consequences that an organisation will suffer if it breaches these rights' is 'imperative' in India. / read more

A draft data protection Bill put forward by the Brazilian Government on 30 November could require data controllers to 'notify immediately' the National Data Protection Board and affected data owners 'about any improper access, misuse or accidental loss of personal data' if such loss causes 'privacy risks' for data owners. / read more


At any given time, each of the 37 legislative changes currently being considered by the European Commission as part of the reform of the EU Data Protection Directive would qualify as a major development. As a whole, the proposed reform package is awesome. From greater transparency to full harmonisation across Member States, the Commission's strategy is ambitious and far-reaching. / read more

Heavily regulated financial institutions must balance the obvious marketing and customer service advantages associated with the use of social media (SM) with compliance and reputation risks. Elizabeth Khalil, an Associate in the Financial Institutions Group at Hogan Lovells's Washington DC office, suggests a few practical steps that banks in the US should follow to ensure compliance with regulatory requirements and minimum reputation damage. / read more

The Home Office launched a consultation on proposed amendments to the Regulation of Investigatory Powers Act 2000 (RIPA) affecting lawful interception, on 9 November 2010. The deadline for submissions is 17 December 2010. The changes are of significance to communications service providers (CSPs) - especially internet service providers and email providers - and in particular to providers who may wish to carry out deep packet inspection (DPI) for value-added, or possibly even service-related purposes. / read more

The Federal Cabinet of Germany introduced in August a bill regulating employees' privacy. While still being considered by the German Parliament, the bill is expected to become effective next year. Dr. Felix Wittern, Partner at Field Fisher Waterhouse LLP in Hamburg, outlines the key factors in the draft bill and explains that, while the pending legislation will clarify a number of issues, it will also introduce new difficulties for German employers. / read more

A recent review of pharmacovigilance legislation in the EU failed to clarify the pharmaceutical industry's uncertainties on how to balance pharmacovigilance and data protection compliance. William Long, Counsel, and Emmanuel Saurat, Associate at Sidley Austin LLP, examine the changes brought by the new EU legislation. / read more

The wide-scale use of internet media has resulted in a vast amount of publicly available personal information online - presenting an invaluable opportunity for businesses. From a UK perspective, data controllers must satisfy a number of requirements when processing publicly available personal data, in order to comply with the provisions of the UK Data Protection Act 1998 (DPA). Obtaining consent from the data subject is however not always necessary. James Castro-Edwards, Solicitor at Speechly Bircham LLP, considers how businesses may use publicly available information to their advantage, while respecting individuals' rights and remaining within the scope of the law. / read more

The Polish data protection landscape is set to undergo a radical reform in early 2011, when a new law comes into effect. The aim of the law is to clarify the confusion surrounding consent, strengthen the role of the Data Protection Authority, and improve the penalty system for non-compliance with the law so that it acts as a deterrent for Polish companies. Tomasz Koryzma, Partner, and Julia Bonder≠Le Berre, Associate, at Baker & McKenzie LLP in Warsaw, examine the present and future regulations. / read more

Data privacy has traditionally been defined as the right of individuals to control their personal information. US privacy rules reflect the view of the 'empowerment' of data subjects. The tenet of individual choice and the informational notice that goes along with it, are the cornerstones of the US privacy regime. / 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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