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Data Protection Leader

Volume: 8 Issue: 2
(February 2011)


News

Data Protection Officers (DPOs) and privacy professionals from the public, private and third sector raised concerns about the European Commission's proposal to introduce a mandatory requirement for companies to appoint a DPO, at a morning seminar on 'New challenges for Data Protection Officers' organised by Data Protection Law & Policy's sister publication, DataGuidance. / read more

The Israeli National Labour Court severely limited the extent to which employers can monitor their employees' emails at the workplace in an 8 February decision (Labour Appeal no. 90/08 Tali Isakov Inbar v. The Commissioner for women labour). / read more

The French data protection authority (CNIL) said in a February statement that the G8 discussion on internet related issues should aim at elaborating 'a binding international legal instrument' that would harmonise the protection of personal data globally. / read more


Features

Possibly the most commonly asked privacy-related question by any organisation looking to expand into Europe is whether EU data protection law applies to it. That is in fact a question that the creators of the original EU Data Protection Directive considered very carefully and tried to address in the black letter of the law to avoid uncertainties. / read more

Last year, the French Data Protection Authority adopted a revised version of its single authorisation AU-004, concerning the processing of personal data in the course of whistleblowing procedures. Following the amendments, companies may consider it appropriate to assess the level of compliance of their whistleblowing schemes with French data protection law. Olivier Proust, Associate at Hunton & Williams, analyses the potential impact of the recently adopted revision on businesses. / read more

Later this year the US Supreme Court will decide on an important First Amendment right to freedom of speech case, which has the potential to impact how prescribing data is used in a wide variety of health care settings. Scott Stein and William Sarraille, Partners, and Dr. Nirav Shah, Associate, at Sidley Austin LLP, summarise the history surrounding the case, as well the possible consequences of the imminent Supreme Court decision. / read more

Article 4 of the EU Data Protection Directive, which sets out which Member State's law should apply to the processing of personal data, has caused difficulty for practitioners ever since its adoption. The Article 29 Working Party has now tried to provide guidance by publishing on 16 December 2010 its 'Opinion 8/2010 on applicable law'. Francis Aldhouse, a Consultant with Bird & Bird and former Deputy UK Information Commissioner, analyses the Opinion and tries to assess to what extent it makes life easier for data controllers. / read more

The Estonian Data Protection Inspectorate recently published a non-binding guide regarding data processing in the employment context, with the purpose of providing employers with an interpretation of relevant laws. Kerttu Sarapuu,from Hedman Partners, outlines the main principles in the new guide, and advises companies on what is permitted when it comes to employee monitoring as well as recruitment and selection. / read more

The Mobile Marketing Association placed 'personalisation and privacy' at number one of its top trends to watch in 2011, and is currently discussing a set of comprehensive guidelines for mobile advertising and mobile privacy. Experts in the US argue that federal m-privacy legislation could soon see the light of day. Joseph Rosenbaum, Chair of their Advertising, Technology & Media law practice at Reed Smith, and outside General Counsel at the Interactive Advertising Bureau, explains why mobile privacy is surrounded by turmoil. / read more

As the deadline for compliance with the revised Privacy and Electronic Communications Directive approaches, companies await to see how EU Member States will implement the cookie consent clause in particular. Phil Lee, Senior Associate at Field Fisher Waterhouse LLP, gives us an overview of the latest developments in this area, analyses behavioural retargeting - a specific type of behavioural advertising - and shares a few tips on how companies can start preparing for the changes. / 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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