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Data Protection Leader

Volume: 7 Issue: 7
(July 2010)


News

The Article 31 Committee - set up by the European Commission to decide on the adequacy status of non-EU countries - will convene in early September to vote on the adequacy status of Israel. The Committee will also hear Ireland's reasons for objecting to Israel being granted such a status. / read more

The European Parliament approved on 8 July a new version of the EU-US financial data transfer agreement - known as 'SWIFT II' - which will come into force on 1 August. Members of the European Parliament (MEPs) adopted a Recommendation to approve the agreement prepared by the Committee on Civil Liberties, Justice and Home Affairs, which had backed SWIFT II earlier in the month. 'Compared to the first agreement...the present Agreement represents an improvement that has been achieved due to Parliament's consistent demands', read the Recommendation. / read more

The Düsseldorfer Kreis - an association of German regional data protection authorities issued a Resolution recommending that German companies carry out due diligence before transferring data to the US under the Safe Harbor Framework. / read more


Features

A fascinating subject, a well thought out and constructed story line, some surprises and an intriguing open ending ≠ if this was a movie, we would be heading for a Hollywood blockbuster. / read more

As the Data Privacy Subgroup continues to develop its strategy for the successful implementation of the APEC Privacy Framework, APEC economies focus on the accountability of organisations to ensure the protection of personal data. Paula Bruening, Deputy Executive Director of the Centre for Information Policy Leadership at Hunton & Williams, examines recent developments following APEC's meeting in Hiroshima earlier this year, and the probable course of action in view of a new meeting in September. / read more

Following intense criticism from health professionals and patients, the new Conservative-Liberal Coalition Government in the UK has announced a review of the 'Spine', the national health database. Mark Smith, Solicitor at Osborne Clarke's Information and Privacy team, examines why the database is causing concern with regards to data retention and patient rights to privacy, and how the latest developments look to affect any role that the database may play in the future. / read more

Last year was a significant year for the Spanish Data Protection Agency - which, among other things, organised the 31st International Conference of Data Protection and Privacy Authorities that led to the adoption of the Madrid Declaration. Nuria Pastor, Senior Associate in the Privacy and Information Team at Field Fisher Waterhouse, explains that there is much more to the activity of the Spanish regulator than its enforcement fines. / read more

A new Bill introduced in Parliament could change the Canadian privacy landscape by introducing a data breach notification requirement and amending the definition of consent, among other things. Theodore Ling and Dimitar Demireviski, from Baker & McKenzie in Toronto, examine the provisions of the Bill and its implications for businesses. / read more

The UK Office of Fair Trading (OFT) has recently published a market study on Online Targeting of Advertising and Prices, which puts forward a series of self-regulatory principles supporting opt-out. The OFT approach is in stark contrast to the clear cut opt-in interpretation of Article 5(3) of the revised e-Privacy Directive by the Article 29 Working Party. Rosemary Jay, Partner at Pinsent Masons LLP, examines the OFT's recommendations. / read more

In an opinion deemed 'out of step with online businesses and their consumers' by the online advertising industry, the Article 29 Working Party clarified that prior informed consent is required to comply with Article 5.3 of the revised ePrivacy Directive. Laura Acreman, an Associate at Bird & Bird, analyses the Opinion and explains why it pre-empts Member States' implementation of the ePrivacy Directive. / 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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