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Data Protection Leader

Volume: 8 Issue: 8
(August 2011)


The Indian Ministry of Communications and Information Technology issued - on 24 August - a clarification to the Rules under Section 43A of the IT (Amendment) Act 2008, stating that the Rules are only applicable to the body corporate or person located in India. / read more

W3 Innovations, a developer of mobile applications, agreed to pay $50,000 to settle Federal Trade Commission (FTC) charges - on 15 August 2011 - for violating the Children's Online Privacy Protection Act (COPPA) and the FTC-issued COPPA Rule. / read more

The Russian President signed, on 26 July, the Federal Law on Amendments to the Law on Personal Data, revising the procedure for international data transfers. / read more


It has been a busy year for the EU Commission's Data Protection Unit so far. Day after day, week after week, month after month, a multicultural team of officials based in an unassuming Brussels building have been brainstorming ideas, pouring over written submissions and listening patiently to the wishes, concerns and ideas of those who hope to have a say in the future European data protection framework. / read more

The Personal Data Protection Authority (DPA) drew attention in its Annual Report to the dangers of using new technologies, in particular smart phones and tablets, which are likely to become a privacy threat, as they facilitate the traceability of all kinds of daily activities and mass user profiling. Also mentioned were cloud computing services, the use of which could lead to the risk of losing control over data entrusted to these services. These concerns are well founded. However, this unstoppable technological progress is not just a threat to our private sphere. It also has a visible impact on world economies by offering opportunities, creating new markets and determining the future of others. Daniela De Pasquale, Partner at La Scala Law Firm, examines the issues involved. / read more

Privacy professionals have long debated the complexities of anonymisation when assessing the boundaries of personal data. Now, with the review of the EU Data Protection Directive and of US privacy practices, the debate has been ignited again. Omer Tene, Associate Professor at the Israeli College of Management School of Law, examines how the conundrum arose and practical solutions that can be adopted. / read more

The UK insurance industry recently came under fire with claims that they share customer details with personal injury firms. This was triggered by the Former Justice Secretary Jack Straw writing an article in The Times in June 2011, stating that insurers regularly refer their clients to personal injury lawyers without permission. Straw wrote that Phil Riley, one of his constituents, had been contacted by compensation lawyers after being involved in a minor road accident, although never authorising disclosure of his mobile number, or any other data. Mike Bradford, Director of Regulatory Strategies, discusses how data sharing takes place in the industry. / read more

The Polish Data Protection Authority (DPA) recently announced changes to the practice of obtaining consent for data processing. The DPA stated that it now intends to take a more pragmatic approach to the requirements applying to consent, and acknowledged the need for amending local laws so that consent for processing sensitive data may be given online. This is a long awaited development, and came as a result of the latest Article 29 Working Party (WP29) Opinion on Consent. / read more

The adoption in 2009 of EU Directive 2009/136/EC amending the e-Privacy Directive of 12 July 2002, marked the beginning of a new era regarding the use of cookies by website operators and the move from an opt-out regime to an opt-in consent regime. William Long and Geraldine Scali from Sidley Austin LLP, examine how Member States are interpreting Article 5(3) of the Directive, the section which specifically deals with cookies. / read more

The Article 29 Working Party (WP29) recently adopted Opinion 15/2011 on the definition of consent. This seeks both to provide guidance on existing law, and to inform the EU Commission's review of the Data Protection Directive by identifying areas for policy reform. Bridget Treacy and Cate Haywood, lawyers from Hunton & Williams, seek to convey a practical sense of the WP29's views by focusing on the relevancy of consent in a data protection context, the constituent elements of valid consent, potential areas for legislative reform, and which steps organisations may wish to take to prepare for possible legislative change. / 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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