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Data Protection Leader

Volume: 8 Issue: 4
(April 2011)


The Commissioner's Office (ICO) will obtain new powers to serve monetary penalties of up to £500,000 for serious breaches of the Privacy and Electronic Communications Regulations (PECR) on 25 May, when an amendment to PECR will come into force. / read more

An internal data protection officer's (DPO) appointment cannot be terminated if the employer wishes to transfer the position to an external DPO, ruled the German Federal Court of Labor, on 23 March. / read more

The Indian Ministry of Communications and Information Technology has launched a consultation on a draft National Cyber Security Policy, which would 'create a cyber security framework [that] will lead to specific actions and programmes to enhance the security...of the country's cyberspace'. / read more


According to the World Economic Forum, personal data will continue to increase dramatically in both quantity and diversity, and has the potential to unlock significant economic and societal value for end users, private firms and public organisations alike. This statement by the Swiss organisation behind the prestigious annual Davos meeting summarises its stance on the issue of personal information as an asset. Let's forget for a second the idea of data protection as a fundamental right and look at it as a tool to maximise the economic and societal value of data. Perhaps the big thinkers at the Forum are up to something. / read more

On 4 November last year, the European Commission published its Communication setting out a 'comprehensive approach on personal data protection'. In that document, the Commission stated its determination to examine a requirement to make the appointment of independent Data Protection Officers (DPOs) mandatory for certain organisations. Stephen Deadman, Group Privacy Officer and Head of Legal - Privacy, Security & Content Standards - at Vodafone Group, explains why he thinks mandating the role of DPOs by law is not the way forward. / read more

As more and more organisations look into outsourcing non-core activities, understanding the data protection and practical implications of doing so - and the ramifications of failing to prevent a data breach - is crucial. Mike Bradford, Founder and Director of Regulatory Strategies, shares his experience, setting out what organisations need to do in order to comply with the Data Protection Act 1998 (DPA) in a 'real business world'. / read more

The United States opened APEC 2011 with a Senior Officials meeting in Washington D.C., focusing on addressing the practical challenges to the implementation of the APEC Privacy Framework that still remain unsolved. Paula Bruening, Vice President, Policy and Research at the Centre for Information Policy Leadership at Hunton & Williams, outlines the key issues raised at the meeting, while also looking at recent developments in privacy governance in member APEC economies. / read more

A Decree implementing the 2004 Law on trust in the digital economy - which transposed the E-commerce Directive into French law - was published in the French Official Journal on 1 March 2011. The Decree attracted criticism by the CNIL, whose recommendations were partially ignored by the French Government, and by privacy professionals, who spoke out against the inclusion of user account passwords among the data to be retained. Marc Lempérière and Adeline Jobard, of Eversheds, highlight the extent to which the Decree has clarified the 2004 Law, while disucssing the issues that still remain open. / read more

Cloud computing is hailed as an important innovation that has changed the way IT services can be provided and delivered to consumers and businesses. However, alongside the benefits brought by cloud computing, come a number of data protection concerns. Vinod Bange and Samantha King, of Speechly Bircham LLP, outline where the main data protection risks lie, and explain how organisations can overcome them to ensure they gain the full benefits of cloud computing. / read more

With the deadline for the transposition of the revised e-Privacy Directive fast approaching, Member States are struggling to make sense of the controversial cookie consent requirement and have started reacting in order to comply with the deadline of 25 May 2011, in the form of consultations and first legislative drafts. Laura Acreman and Gabriel Voisin, Associate and Paralegal respectively at Bird & Bird LLP, provide us with exclusive information on the first signs of activity in this area, and set out how things are shaping up for the rest of the year. / 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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