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Data Protection Leader

Volume: 8 Issue: 6
(June 2011)


The US Supreme Court issued an Opinion in IMS v Sorrell (No. 0-779), on 23 June 2011, overturning a Vermont law which prohibited the sale, licensing or exchange of prescription data for the marketing of prescription drugs without doctors' consent. / read more

The Indian Ministry of Communications and IT issued a final Rule under section 43A and 79 of the IT (Amendment) Act 2008, requiring businesses feature privacy policies on their websites detailing how personal data is handled, including the purpose of the data collection, the types of data collected, and security practices. / read more

The Italian Data Protection Authority (Garante) published in the Official Gazette (no 127) - on 3 June - recommendations for banks to notify, without delay, their customers and the Garante when they experience accidental or illicit data breaches, including data losses. / read more


Anyone caught up in the murky world of international data transfers tends to regard the standard contractual clauses approved by the European Commission as the most popular solution to legitimise those transfers. For starters, they are freely available and have the blessing of the Commission and the regulators. Surely, those two factors alone must provide considerable comfort to finance directors and general counsels who will think that one cannot go too wrong with them. Also, from a resources perspective, drafting and entering into a set of model clauses should not be very time-consuming as it is just a matter of signing the dotted line. So, are we wasting our time looking for alternatives? Or aren't we...? / read more

The 'Telemarketing' case
The 'Google Suggest' case / read more

The International Chamber of Commerce (ICC) UK held, on 12 May 2011, a roundtable discussion on the new cookie consent requirements at the London offices of Speechly Bircham, with participants including representatives from the Information Commissioner's Office and the Incorporated Society of British Advertisers (ISBA). Data Protection Law & Policy interviewed Robert Bond, Partner at Speechly Bircham and Chairman of the ICC UK E-Business, IT & Telecoms Committee, Dr. Ian Twinn, Director of Public Affairs at the ISBA and Chairman of ICC UK Advertising and Marketing Committee, and Michael Bond, IT Policy Advisor at the ICC, for their insight into how this area will develop. / read more

With the current roll out of smart meters across the EU, the Article 29 Working Party recently attempted to clarify how the existing data protection principles would apply to the technology. Dominika Kupczyk, Data Protection Executive at Speechly Bircham, examines the current state of play of the technology and discusses whether the Article 29 Working Party has addressed all issues involved. / read more

On 11 May 2011, the Information Commissioner issued the UK's first statutory code of practice 'designed to help businesses and public sector bodies share people's personal information appropriately'1. In this article, Mike Bradford, Director at Regulatory Strategies Ltd., examines the practicalities and complexities of the code of practice against the backdrop of the credit industry. / read more

There have been a number of privacy bills introduced in the US Congress since the beginning of the year, most of them in response to the recent spate of high profile data breaches which have taken rocked the US landscape. While the future of those bills remain uncertain, this year so far has been particularly interesting, as the Obama Administration has specifically put forward a bill and as Privacy by Design is starting to emerge as a fully fledged principle. Erin M. Egan, David N. Fagan and Stephen P. Satterfield, from Covington & Burling LLP, examine how 2011 could be a turning point for data protection in the US. / read more

Facebook's recent, silent EU roll-out of its auto-tagging functionality - which prompts users to tag friends through facial recognition - has given further cause for concern over privacy in relation to social network sites (SNSs). Philip James and Carolyn Butler, from Pitmans LLP, examine how the existing regulatory framework and technology need to adapt and evolve to protect users' identities online more effectively. / 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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