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Data Protection Leader

Volume: 9 Issue: 3
(March 2012)


The UK Confederation of British Industry (CBI) responded to the Ministry of Justice Call for Evidence on the draft EU rule on 16 March, stating that it 'believed that the EU Commission has overestimated the financial benefits to businesses and overlooked compliance costs'. / read more

The FTC issued on 26 March its Final Report 'Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers', which calls on Congress to enact a baseline privacy law. / read more

February - March 2012 / read more


Obama gets it. Viviane Reding gets it. This is indeed a defining moment to get our public policies right in terms of global data protection and privacy. Ignore the human and social implications of the exploitation of personal data and we will lose forever the right to privacy and possibly our freedom. Be too overprotective with one of our greatest assets of our time and we will definitely block progress and prosperity. The stakes are really that high. That was the key underlying message of the recent EU-U.S. Conference on Privacy and Protection of Personal Data held simultaneously in Brussels and Washington. / read more

The Court of Justice of the European Union (CJEU) ruled in February 2012 that social networks and internet platforms cannot be obliged to install general filtering systems to prevent copyright-infringing file sharing between social network users. The CJEU ruled that such systems do not provide a proportionate balance between the protection of IP rights and other rights, including the right to protection of personal data. Tom De Cordier and Heidi Waem, Counsel and Associate respectively at Allen & Overy LLP, outline the data protection lessons learnt from the SABAM-Netlog case. / read more

Last month, Philip James and Rob Jarett, Lawyers at Pitmans SK Sport & Entertainment LLP, examined the current privacy rules in place for mobile apps, and discussed how future changes may impact this area. This month, they examine the self-regulatory efforts in this arena. / read more

The security landscape has changed significantly over the last ten years as regulators toughen up regulation in the wake of scandals, starting with Enron and Worldcom and spanning government loss of child benefit data and beyond. Laws such as Sarbanes-Oxley (SOX), the FSA handbook, and the Data Protection Act (DPA) create a patchwork of legislation requiring companies to ensure data integrity and security. Breaches have increasingly serious consequences, including significant financial penalties, the threat of custodial sentences for company directors and highly negative reputational impact. New technology is making the landscape even more difficult. Simon Briskman and John Brunning from Field Fisher Waterhouse LLP, examine how businesses can manage new technologies to ensure compliance. / read more

The enactment of laws and regulations aimed at protecting and governing the treatment of data in Mexico is not only recent, but also a topic in which we will, foreseeably, continue to see a rapid and increasing evolution in the years to come. This evolution needs to be present not only in the legal arena but also in the cultural acknowledgment of the importance of the protection of data in order for it to become a truly enforceable right in the country. Tomás Arankowsky Tamés, Partner at Avah Legal, S.C., examines the evolving landscape. / read more

While data protection and privacy laws are still busy catching up with technologies of yesterday, Big Data is growing at lightning speed on a daily basis. How can companies deal with the data protection challenges brought about by Big Data in order to truly benefit from the opportunities it offers? First, one must truly grasp what is Big Data. Frances Chen interviews Jeff Jonas, Chief Scientist at IBM Entity Analytics, to obtain his perspective on the definition. / read more

It is widely accepted that the current economic climate is forcing organisations to continue to operate on increasingly restricted budgets, leaving boardrooms with tough decisions on where to spend and where to cut. Whilst the focus is to invest in areas where they may see the greatest short-term return, such as marketing and product development, organisations may overlook gaps in compliance strategies at their peril. Daniel Harris and Rhiannon Jones of Deloitte, the business advisory firm, ask whether data protection compliance has become an unforeseen casualty of the EU financial crisis. They argue that as businesses face rising threats from e-crime and insider fraud, changing legislative requirements and dwindling consumer trust, now is arguably the right time to invest in robust privacy governance. / 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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