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Data Protection Leader

Volume: 7 Issue: 5
(May 2010)


The US Direct Marketing Association (DMA) said a discussion draft of privacy legislation released on 4 May by Congressmen Rick Boucher and Cliff Stearns 'would have a crippling effect on internet commerce'. / read more

Members of the European Parliament (MEPs) said, in a resolution adopted on 6 May, that bulk bank data transfers to the US 'infringe EU legislation'. / read more

The UK Financial Services Authority (FSA) has announced that 'credible deterrence in enforcement' will be one of the key areas of its 2010/2011 Business Plan, following the development of a new framework for financial penalty-setting, which came into force on 6 March. / read more


Cooperation amongst the world' privacy commissioners and s data protection authorities is not new. Their ongoing dialogue and cooperation has become much more fluid in recent years, as clearly evidenced by the work on the adoption of common international privacy standards. However, the authorities' joint activities have reached new heights thanks to a simple two and half page letter. The letter is addressed to Google' CEO, Eric Schmidt, and is cos signed by the heads of the privacy and data protection authorities of Canada, France, Germany, Ireland, Israel, Italy, the Netherlands, New Zealand, Spain and the UK. That letter marks a new era for privacy and information management by global organisations. / read more

The interpretation of some basic, still key data protection concepts often differs not only from country to country, but sometimes from professional to professional. Using a comparison with the aviation industry - which can count on a set of standard safety instructions throughout the world - Data Privacy Consultant Nick Tyler attempts to identify the practical meaning behind jargon expressions such as 'personal data' and 'consent'. / read more

An Italian court recently ruled in a copyright infringement case that ISPs are not responsible for the information transmitted through their networks, and are in fact bound by an obligation to connect users to the web. The court therefore rejected an anti-piracy federation's request for Telecom Italia to identify online infringers and cut off their access to peer-to-peer platforms. Daniela De Pasquale, Partner at Studio La Scala, examines the ruling and compares it to similar European developments. / read more

With the highest rate of internet penetration in the world, Korea has had to deal with the hardest adverse effects of the internet, including identity theft and illegal personal information trafficking. Consequently, the Korean Government developed a set of rules and regulations over the past ten to 15 years to create a safe internet environment. Myoung-ah Kim, from the Korea Internet & Security Agency, examines the special features of this data protection regime. / read more

A month before the General Election, the UK Government said it planned to lay in Parliament 'as soon as possible' a Statutory Instrument that would increase to £2 million the amount of penalties Ofcom can impose against companies who 'persistently misuse electronic communications' causing silent calls to consumers. Stephen Groom, Head of Marketing and Privacy Law at Osborne Clarke, analyses the chances of such legislation going forward under the new Conservative government. / read more

The Senate of Mexico recently passed a data protection law which regulates for the first time how private entities can collect and use personal data. With maximum penalties for non-compliance set at approximately $1.5 million, companies need to start updating their practices to ensure full compliance with the law. Alberto Huerta Bleck and Tomas Arankowsky, of Avah Legal, examine the new legislation and provide an overview of what companies should expect. / read more

According to a 2009 report of the European Network and Information Security Agency (ENISA), the worldwide forecast for cloud services in 2013 amounts to $44.2bn, with the European market expected to go from €971m in 2008 to €6,005m in 2013. Antonis Patrikios, Senior Associate at Field Fisher Waterhouse, examines the four key data protection issues in a business-to-business cloud services relationship, and discusses the possible solutions. / 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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