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Data Protection Leader

Volume: 9 Issue: 12
(December 2012)


The UK Information Commissioner's Office (ICO) served – on 28 November 2012 – two monetary penalty notices totalling £440,000 to the co–owners of SMS marketing company, Tetrus. The company sent 840,000 SMS messages a day using unregistered pay-as- you-go sim cards promoting compensation claims concern- ing payment protection insurance (PPI) or accidents. The fine is the first enforcement action against the illegal claims industry where individuals' phone numbers are sold onto claims management companies following responses to spam text messages. / read more

Viviane Reding, Vice-President of the European Commission and EU Justice Commissioner, said - on 4 December 2012 - that she "would be happy to replace" a number of delegated and implementing acts under the proposed General Data Protection Regulation, following a review she conducted of every delegated and implementing act. / read more

A year in review & highlights of 2012 / read more


Making predictions as we approach a new year has become a bit of a tradition. The degree of error is typically proportional to the level of boldness of those predictions, but as in the early days of weather forecasting, the accuracy expectations attached to big statements about what may or may not happen in today's uncertain world are pretty low. Having said that, it wouldn't be particularly risky to assume that during 2013, the EU legislative bodies will be thinking hard about things such as whether the current definition of personal data is wide enough, what kind of security breach should trigger a public disclosure, the right amount for monetary fines or the scope of the European Commission's power to adopt 'delegated acts'. But whilst it is easy to get distracted by the fascinating data protection legislative developments currently taking place in the EU, next year's key privacy developments will be significantly shaped by the equally fascinating technological revolution of our time. / read more

As an introduction to our December 2012 edition, Lord McNally, Justice Minister, Minister of State and Deputy Leader of the House of Lords, writes below on the European data protection reform and provides the Ministry of Justice’s view on how these reforms – in their current state - would impact data controllers. Containing important messages about the costs involved and the prescriptive nature of the proposals, this exclusive feature sets the tone for 2013 and wraps up the key discussions which have been taking place amongst various sectors on the proposals. Lord McNally’s analysis provides a canvas upon which we can frame the discussions around technology and privacy, the key theme of this special Data Protection Law & Policy edition. / read more

Many people carry at least one mobile device and will use it many times a day to access a variety of online services. For companies, this represents an opportunity to obtain a rich profile of users’ preferences and behaviour to drive development and marketing. However, such a profile can create significant privacy concerns that may require businesses to seek user consent. James Brunger, Associate at Bristows LLP, considers whether anonymisation techniques can provide a commercially acceptable solution to these issues. / read more

The cloud, although attractive to businesses, poses a concern in terms of demarcation of data protection responsibilities between a client and a cloud provider. Peter Hustinx, the European Data Protection Supervisor, who issued an Opinion on cloud computing in November, said: "We must ensure that the cloud service providers do not avoid taking responsibility and that cloud customers are able to fulfill their data protection obligations." Jason Currill, founder and CEO of Ospero, a cloud managed service provider, explores the key challenges that cloud clients and providers face when discussing data protection obligations within a cloud. / read more

As the EU engages in finding a balance between data protection and consumers' expectations in accessing new and innovative online services, Jakob Kucharczyk, Director of the Brussels office of the Computer & Communications Industry Association (CCIA), explains why more attention should be paid to enacting a regulatory framework that ensures that innovation and the data economy are not inhibited. / read more

Brazil, in contrast to several countries in the world, does not have any comprehensive data protection framework. Even taking into consideration its Constitution and Civil Code, which guarantee individual right to privacy and intimacy, and its Consumer Protection Code, which protects Brazilian consumers' personal data, Latin America's biggest economy is far from reaching a level that could be considered equivalent to countries such as Argentina, Uruguay, Mexico and the EU. In part one of this feature, Renato Leite Monteiro, Lawyer at Opice Blum in Brazil, discusses the state of play in his country and why technology is driving the move towards a data protection regime. / read more

As part of this special edition 'Technology and Privacy in Balance', Jörg Polakiewicz, Head of Human Rights Development at the Directorate General Human Rights and Rule of Law at the Council of Europe, has put together his thoughts on how the revised Convention 108 has adapted to the ever-changing landscape of technology, all the while maintaining a balancing act to ensure the fundamental rights are being respected. Technology is reshaping how fundamental human rights are being interpreted and perceived, and Mr. Polakiewicz expresses how Convention 108 - intended for an international reach - is evolving with modern day issues. / 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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