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Data Protection Leader

Volume: 9 Issue: 2
(February 2012)


The Obama Administration issued - on 22 February - a 'Consumer Privacy Bill of Rights', as part of its comprehensive blueprint to protect individual privacy rights, while ensuring that the internet remains competitive and continues innovating. / read more

Order No 20, 'Several Provisions Regulating the Market Order of Internet Information Services' will come into force on 15 March, regulating the collection and processing of online users' data by internet information service providers (IISPs). / read more

The UK Information Commissioner's Office (ICO) issued an analysis examining the EU draft data Regulation. / read more


In the last 500 years, Europeans have had a few goes at conquering the world. First, it was the Spanish and Portuguese on the back of some intrepid sailors and well funded kingdoms. Then, it was the British and their adventurous and entrepreneurial spirit. In the 19th century, the French took the lead thanks to a charismatic general. So putting aside a rather bloody 20th century, we have been rather prolific at exporting European values, virtues and ideals. The latest attempt is very recent indeed and comes from Brussels courtesy of the Justice Directorate General of the European Commission. / read more

Trust is essential for communication in every day life and especially for information society services. A lack of trust hampers the speed with which communication takes place and thus, hampers business. Privacy certification can be an effective way to demonstrate honesty and compliance with legal requirements, and thus, gain confidence and trust of consumers. Kirsten Bock, EuroPriSe Manager, International Coordinator at the Office of the Data Protection and Freedom of Information Commissioner in Schleswig-Holstein, Germany, examines the certification process in the EU, and how the revised EU law might impact this area. / read more

The refusal of an employee in France to use software which is installed in breach of data protection rules is not a valid reason for dismissal. The Court of Appeal in Aix-en-Provence (the 'Court') held in a judgement of 6 September 2011, that the refusal of an employee to use the new version of a software program which had not been notified with the French Data Protection Authority (the Commission national de L'Informatique et des Libertes - the CNIL) did not give his employer grounds to terminate his employment contract. / read more

Dr. Ana Brian Nougreres, Principal Consultant at Estudio Jurídico Briann and Associates, Council Adviser at the Uruguayan Parliament, Senate and Chamber of Representatives, and Chair of Legal Informatics at the Universidad de la República, examines how the Ibero≠American landscape has changed in the past few years. From the early beginnings of a reliance on Constitutional privacy rights to now recognition that a stronger framework needs to be in place, find out in the below article how Ibero-America is now making giant leaps in the data privacy sphere. / read more

There are currently less than 99 days until the Information Commissioner's Office's one year grace period for cookie compliance comes to an end. By 26 May 2012, businesses ideally need to have complied with the amended Privacy and Electronic Communications Regulations (the Regulations), which implement the e-Privacy Directive. So what exactly is the industry thinking? What is industry doing to become compliant and what additionally needs to be done? Michael Bond, IT Policy Advisor at the International Chamber of Commerce (ICC) UK, gives his personal view on the cookie rule and highlights the work of the ICC on its Cookie Guide for businesses. / read more

Personal data protection law remains an all-pervasive theme in relation to mobile app development, and is a main focus regarding prospective regulation. The fundamental right to data protection is a primary objective of the EU, and it is imperative that device manufacturers, mobile networks, social networking sites and app developers consider compliance adequately and take the necessary steps to respect users' privacy. This year will also see the adoption of new data protection law in the EU seeking to reinforce and improve current legislation in this area. In Part One of this feature, Philip James and Rob Jarett, lawyers at Pitmans SK Sport & Entertainment LLP, examine the current rules in place and discuss how future changes may impact this area. / read more

Early 2012 brought forth two significant privacy tomes, with 300 pages between them: the draft EU Regulations ('the Regulations'), and Facebook's Registration Statement for its Initial Public Offering ('the Statement'). Their contents provide fascinating insights into the clashes brewing between privacy regulation and world of social media. Simon McDougall, Managing Director at Promontory Financial Group, examines Facebook's recent valuation in the light of the EU data protection reform. / 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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