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Data Protection Leader

Volume: 8 Issue: 9
(September 2011)


The French Ordinance on Electronic Communications implementing the provisions of the revised e-Privacy Directive and amending the national law on cookies by introducing a prior opt-in regime, came into force on 24 August 2011. / read more

The Federal Trade Commission (FTC) put forward a draft proposal to amend the Children's Online Privacy Protection Act (COPPA) on 15 September 2011, proposing that the definition of 'personal data' be modified to include geo-location services and certain types of persistent identifiers used for functions other than websites' internal operations. / read more

The Angolan Data Protection Act (Law No 22/11) came into force on 17 June, introducing for the first time a comprehensive privacy regime. / read more


What should we make of recent reports about the banning by the Dutch Government of non EU-based cloud services and the launch by leading providers of EU-only clouds? Is this fierce European protectionism or sensible data protection? If anything, these developments show a trend towards restricting cloud computing services geographically, so that the fuzzy internet cloud becomes a series of neatly divided gas bubbles. However, instead of a technological uproar against such an aberration, there seems to be a quiet acceptance based on legal constraints and half baked security arguments. Is data protection being cited once again as the justification for stifling technological progress? That would not be surprising, but it is somewhat unfair and clearly unnecessary. / read more

Smart meters generate significant amounts of interest as they are capable of collecting unprecedented levels of data about households. The data gathered can be transmitted to energy companies every 30 minutes and, this way, could provide near real-time insights into people's daily routines through electrical appliances' unique load signature that a meter can read. In part two of this article, Dominika Kupczyk, Data Protection Executive at Speechly Bircham LLP, provides a comparison between the US and UK approaches. / read more

The new Privacy Bill 2011, which was cleared by the Committee at the Ministry of Law, is expected to be introduced and debated in Parliament during the winter session in December 2011. Rodney D. Ryder, Partner at Scriboard and Advisor to the Indian Ministry of Communications and Information Technology, examines the implications of the newly proposed privacy protection framework. / read more

At the beginning of 2000, almost no country in the Latin American region had a privacy law. Throughout the last decade, many countries adopted specific data protection regimes, some of which have very strict rules inspired by the EU Data Protection Directive (95/46/EC). However, implementation and compliance with privacy laws in this area still remains a challenge. Maximiliano D'Auro and Julieta Bontempi, of Estudio Beccar Varela, in collaboration with a number of privacy experts in the region, analyse the current state of data protection in some Latin American countries and discuss the future. / read more

The use of social media by employees presents new risks to employers. However, the types of problems that can be created, and the potential claims that can be brought against an employer based on an employee's actions are not necessarily new. John Heitmann, Partner at Kelley Drye & Warren LLP, examines why social media in the workplace is causing concerns to employers and analyses the legal and judicial landmine in this area. / read more

It seems unlikely that even the most enlightened technology visionaries could have imagined just how central mobiles would become to everyday life. Today, they are not just our phones, but our address books, photo albums, music players, games consoles, and navigation devices, as well as our gateway to email, banking and social networking. In Part one of this analysis, Phil Lee, of Field Fisher Waterhouse LLP, explores the essential privacy issues that affect every publisher of mobile apps, and explains how to achieve compliance and build consumer trust. / read more

Recent initiatives by both European and international agencies have boosted enforcement cooperation, but important efforts are still required, especially in terms of harmonisation of laws, improvement of practical cooperation, and strengthening of data protection authorities' (DPAs) investigative powers. Wim Nauwelaerts and Myriam Gufflet, from Hunton & Williams, provide an overview of the different approaches and powers extended to DPAs in selected Member States. / 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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