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Data Protection Leader

Volume: 8 Issue: 10
(October 2011)


A 27 October Parliamentary report has 'urged the UK Government to provide for custodial sentences without further delay', to extend the current penalties for offences under Section 55 of the Data Protection Act (DPA). / read more

The Mexican Ministry of Economy published on 20 October 2011 a regulation which intends to clarify the Federal Law on the Protection of Personal Data held by Private Parties. / read more

The Council of Europe (CoE) announced on 27 October 2011 that it will push for global recognition of Convention 108 on the Protection of Individuals with regard to Automatic Processing of Personal Data, at the 33rd International Conference on Data Protection and Privacy Commissioners in Mexico City on 2-3 November 2011. / read more


One of the key topics at the forthcoming international conference of privacy and data protection commissioners in Mexico City will be the role of enforcement. Given that the conference is organised by the Mexican supervisory authority for data privacy, this is obviously not surprising. However, one of the reasons why this topic features prominently on the agenda right now is that never before have privacy regulators focused so intensely on devising the ideal strategy to achieve their objective. Let's not forget, enforcement is not an end in itself, but a means to an end - ensuring compliance with the regulatory framework. But it is a hard fact that effective regulation depends entirely on the supervision and enforcement mechanisms in place. / read more

The National Court of Spain (Audiencia Nacional) recently reviewed five appeals filed by Google against the resolutions of the Spanish Data Protection Agency (AEPD), which requested Google to eliminate links to personal data which appeared either in the media or in official publications - both considered as public sources of information. / read more

The French Council of Ministers implemented the European Directive (2009/136/EC) - more commonly known as the 'e-Privacy Directive' - by Ordinance on 24 August 2011. The Ordinance was published in the French Journal Officiel on 26 August 2011. The French Government chose to legislate by Ordinance and not through Parliament because of the 25 May 2011 deadline imposed by the European Commission. Marc Lempérière and Adeline Jobard, Lawyers at Eversheds LLP, examine the new provisions, including the section on data breach notification, and the penalties involved. / read more

Using information about a person's internet habits to determine the advertising shown to that person can be an effective means of targeting advertisements to potential customers, but such data gathering may violate US federal and state laws, adding an unanticipated legal cost for the advertiser. Consumers and regulators continue to scrutinise behavioral advertising - and claims to invasions of privacy - using two US federal laws and a variety of state laws as the basis for legal claims and enforcement actions. Catherine Meyer, Counsel at Pillsbury Winthrop Shaw Pitman LLP, analyses the NebuAd case and its $2.4 million class action settlement as an example. / read more

In Part 2 of this analysis, Phil Lee, Senior Associate at Field Fisher Waterhouse LLP, examines how the amended Article 5(3) of the e-Privacy Directive relating to cookies impacts mobile apps providers and ad networks, and how they should be mindful of the issues surrounding the processing of children's data and location data. / read more

The US Federal Trade Commission (FTC) issued administrative complaints against Google and Twitter, alleging that the companies' actions with respect to privacy of consumer information were 'deceptive acts' in violation of Section 5 of the FTC Act. The Twitter decision and order and the Google proposed consent order have raised questions as to whether the FTC is expanding the reach of its powers. Susan Ross, Senior Counsel at Fulbright & Jaworski LLP, examines the FTC's exercise of its statutory mandate in light of these two investigations. / read more

There has been much discussion throughout 2011 on the right to be forgotten, and on the complexities of how it would be implemented, were the EU Commission to introduce it in the revised Directive as a broad new right. Such a radical overhaul of the data protection regime would seem unnecessary, however, since the Directive already provides for all of the elements that would be comprised in a right to be forgotten, albeit subject to various exceptions and exemptions. Adam Finlay, Solicitor at McCann Fitzgerald, analyses the current provisions under the EU Directive, and examines whether there is a need for such a right to be included in the future. / 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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