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Data Protection Leader

Volume: 8 Issue: 3
(March 2011)


The Spanish Data Protection Agency (AEPD) follows a new penalty regime from 6 March, when a reform to the country's Data Protection Act (DPA) came into force. / read more

The EU Data Protection Supervisor (EDPS), Peter Hustinx, will deliver a keynote speech at the 5th Annual European Data Protection Intensive (EDPI), organised by DataGuidance, sister publication of Data Protection Law & Policy, on 26-27 May 2011. / read more

Viviane Reding, EU Commissioner for Justice, announced - on 16 March - that draft legislation will be put forward in Summer 2011, as part of the ongoing review of the Data Protection Directive (95/46/EC). / read more


The official deadline for the implementation of the revised e-privacy Directive across the EU is only a few weeks away and there is a clear sense of panic in the air. National governments seem to be struggling to find a rational way of formulating the controversial cookie consent rule, which essentially requires the consent of the user in order to place a humble cookie in that user's equipment or access a cookie that is already there. Meanwhile, data protection authorities are insisting that obtaining consent must not be a farce and internet businesses are waiting for a silver bullet that will end this surreal nightmare. / read more

In preparation for the negotiations that will take place on a revised EU legal instrument this year, the UK Ministry of Justice (MoJ) launched a Call for Evidence on the UK Data Protection Act 1998 (DPA) and the EU Data Protection Directive (95/46/EC) in July 2010. The MoJ's Call for Evidence concentrated on those areas that were and were not thought to be working well, including data transfers, the notification process, and the definition of data controllers and data processors. Hazel Grant and Nicola Fulford, from Bristows, examine the various responses the consultation received, and discuss what change in certain key areas would mean. / read more

An animated debate on Italy's new Do-Not-Call Registry took place in Milan on 3 March 2011, at a conference organised by Italian law firm La Scala, with the support of the Italian branch of the Direct Marketing Association (DMA Italy). The aim of the conference was to create, one month after the launch of the new telemarketing rules, an occasion for an open discussion among legal experts and direct marketing professionals. Daniela De Pasquale and Massimiliano Pappalardo, Partners at La Scala, analyse the main features of the telemarketing system in light of the industry feedback registered during the conference. / read more

The year 2011 is shaping up to be a significant year for privacy law in Australia. The first month of the year was no exception, with January witnessing the release of the exposure draft of the Credit Reporting Reforms, and the 'responsible lending obligations' coming into force. Vanessa Hoban, Solicitor at DLA Phillips Fox, explores the key credit reporting reforms which may impact Australia so far this year, and summarises how businesses operating in the country can prepare for the changes ahead. / read more

At a time when the European Commission is discussing having the 'right to be forgotten' as part of the principles of data protection legislation, the Spanish model providing such a right gives a good example of how the principle may develop and in which circumstances it could be applied. Noemí Alonso, Senior Associate at Allen & Overy, provides an overview of the nature of the right in light of social networking and search engine indexing, and discusses the ongoing developments in a groundbreaking Google case. / read more

The Brazilian Ministry of Justice launched a consultation - on 30 November 2010 - on a draft data protection bill, which, if passed, would introduce for the first time a general law on data protection in the country. Esther Nunes and Mariana Alonso Tomazelli, Partner and Associate respectively at Pinheiro Neto Law Firm, discuss the provisions of the draft bill and examine the implications of it being passed. / read more

A complex planning process is currently underway by the Government, Ofgem and the energy industry, which will see a national roll-out of smart meters across Great Britain by 2020. This vast undertaking will involve replacing 46 million meters in 25 million homes, making Britain the first country in the world to have an overhaul on this scale for electricity and gas meters. The information held by smart meters should help consumers monitor their energy use, saving them money on their bills. Ian Stevens, Partner, and Laura Davis, Associate, at CMS Cameron McKenna LLP, discuss the privacy implications that come alongside the advantages of smart metering, and explain the different approaches available to preserve consumer privacy once the roll-out is underway. / 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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