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Data Protection Leader

Volume: 7 Issue: 3
(March 2010)


The privacy industry has welcomed the Article 29 Working Party's (WP29) Opinion on the definition of data 'controller' and 'processor' (WP169) - claiming it will assist removing the uncertainty around the practical application of such definitions. / read more

Thailand is in the final stages of consulting on a draft data protection bill, which has been passed by the Council of State and is now being processed by Parliament. / read more

The Australian Communications and Media Authority (ACMA) is taking telecommunications provider Gotalk Communications to the Federal Court following a breach of the Do Not Call Register Act 2006. / read more


Times are changing. Global finances are becoming synonymous with caution, generation Y is pushing its way up, and the effects of global warming are beginning to be felt. In the data protection world big changes are already upon us as well. Good or bad, the reality is quite simple ≠ as internet technology develops and information sharing becomes ever more global, the need for appropriate and sensible data privacy regulation is obvious. The response of governments and policy makers around the world is now quite visible. Old rules are being replaced and where no regulation existed before, new rules are being passed. These changes are significant and their effect will be truly dramatic. / read more

Austria has broadly amended its Data Protection Act introducing, among other things, a data breach notification requirement. The new law came into effect on 1 January 2010. Dietmar Huemer, Attorney-at-Law and data protection specialist in Vienna, examines the new data breach notification requirement and highlights further important changes introduced by the new law. / read more

Whilst stating that the Data Retention Directive (2006/24/EC) does not apply to search engine operators as such, the Article 29 Working Party said in its Opinion on Search Engines that it 'does not see a basis for a retention period beyond six months'. Dominic Edmondson, a Solicitor at Gallant Macmillan LLP, examines the Working Party's concerns regarding search engines' retention of data and discusses to what extent operators have conformed to the watchdog's recommendations. / read more

Russia enacted several federal laws in 2006, following the ratification in 2005 of the Convention of the Council of Europe for the Protection of Individuals with regard to Automatic Processing of Personal Data. Anton Pushkov, from Linklaters, examines the main concepts within the Russian data protection regime. / read more

The European Commission adopted a Decision in February introducing a new set of model clauses for transfers of data to processors based outside the European Economic Area (EEA). Eduardo Ustaran, Partner at Field Fisher Waterhouse, examines the key obligations and discusses possible alternatives to model contracts. / read more

2010 is shaping up to be a significant year for Australian privacy law. With changes looming on the horizon such as a breach notification requirement, businesses are advised to start reviewing their privacy policies to understand how the changes will affect them. Alec Christie, Richard Smith and Daniel Gleeson, from DLA Philips Fox, examine the changes and analyse how businesses should proceed. / read more

The Spanish Data Protection Agency has been active in recent months developing guidance and tools to help companies and individuals comply with the country's data protection laws and regulations. Noemi Alonso Calvo, a Senior Associate at Allen & Overy, examines recent developments and explains why the Spanish regulator should not only be renowned for the amount of its sanctions. / read more

Whether an IP address qualifies as personal data is a core issue in the current debate over individual liberty and personal data processing, as it affects online behavioural targeting practices and intellectual property rights enforcement on the net, among other things. / 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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