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Data Protection Leader

Volume: 9 Issue: 10
(October 2012)


The Vice President of the EU Commission and the EU Justice, Viviane Reding, announced on 26 October 2012 that she is prepared 'to introduce further flexibility' in the proposed EU Data Protection Regulation, 'provided it does not run against the objectives of achieving a more harmonized legal environment'. / read more

The Financial Services Authority (FSA) fined the Bank of Scotland (BOS) - on 19 October 2012 - £4.2million for failing to maintain the accuracy of their customers' mortgage records. BOS relied on inaccurate records of mortgage customers between 2004 and 2011, which resulted in customers failing to receive important information concerning changes to the terms and conditions of their mortgages. / read more

September - October 2012 / read more


Going all the way to the Rio de la Plata to discuss the content of the future European data protection framework seems a little over the top, but the recent International Privacy Commissioners' Conference in Punta del Este, Uruguay provided a perfect forum as a neutral ground for a fierce policy debate. Surrounded by equally fierce winds and rain for added dramatic effect, regulators and other influential stakeholders in the privacy world locked horns in the most constructive possible way for three days to make the most of this annual gathering. One of the immediate outcomes was the realisation that much work remains to be done if we are to achieve the necessary balance between progress and protection. No other issue symbolised the need for this balance better than the 'one stop shop' principle under the proposed EU data protection regulation Ė the sole competence of one single regulator over the same controller all over the European Union. / read more

Technology in the workplace has evolved into a hybrid of both personal and business devices, as employees continue to invest their own resources into their day-to-day work. This trend - known as 'the Consumerisation of IT' - affects almost all businesses, regardless of size or industry. Stephen Bonner, Partner in the Information Protection and Business Resilience practice at KPMG, analyses this rising phenomenon and offers practical advice to businesses which may be struggling to control its ubiquitous nature. / read more

Many people expected the proposed Data Protection Regulation to draw a line in the sand, telling the US once and for all that compliance with the US Patriot Act on one hand, and EU data protection obligations on the other, is impossible. But the proposed Regulation does not do so. It just pushes those questions deeper into the details. Alex Lakatos, Partner at Mayer Brown, explores current options for the US law enforcement agencies seeking to obtain EU-originating personal data. / read more

Over the summer, the Article 29 Working Party, the EU Commission, and a number of Data Protection Authorities all published documents on cloud computing, which previously was subject to little official guidance. In light of these developments, Dr. Paolo Balboni, Partner at ICT Legal Consulting and Scientific Director at the European Privacy Association, discusses the legal positions of the cloud client and service provider, as well as highlights the key practical issues. / read more

On 27 September 2011 and 6 August 2012, the Federal Trade Commission (FTC) issued proposed rule changes to the Children's Online Privacy Protection Act (COPPA) and its implementing Rule. The proposed Rule changes were the result of an extensive review by the FTC that began in April 2010, 'in light of the rapid-fire pace of technological change' that had occurred since the FTC's last review in 2005. The FTC specifically noted 'an explosion in children's use of mobile devices, the proliferation of online social networking and interactive gaming'. In part two of this feature, Andrew Serwin, Partner and Founding Chair of the Privacy, Security & Information Management Practice at Foley & Lardner LLP, and Tammy Boggs, Associate at Foley & Lardner LLP, explore the implications of the FTC's modifications. / 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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