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Data Protection Leader

Volume: 9 Issue: 8
(August 2012)


The EU Commission recognised Uruguay's legal framework as providing 'adequate protection' for personal data under the EU Data Protection Directive 95/46/EC, in a decision issued on 23 August 2012, almost two years after the EU Article 29 Working Party delivered a favourable Opinion (6/2010) on the adequacy of the country’s data protection regime. / read more

The Office of the Data Protection Commissioner will be auditing the data protection practices of leading financial institutions over the next couple of months, Data Protection Law & Policy learnt on 15 August 2012. / read more

With a European data breach proposal requiring consumer notification 'within 24 hours' expected to crystallise in next few years, DataGuidance, the leading privacy resource tool and sister publication of Data Protection Law & Policy, has launched its 'Global Data Breach Notification' At-a-glance Table and accompanying Advisory Notes. / read more


There is nothing like the Olympic Games to remind us of the diversity of our global village – from the young fully-clothed Saudi athlete to the veteran Japanese rider, including of course the African marathon runner who ran for the world. Yet among that diversity, all of those athletes have something in common: passion for sport and desire to succeed. In the ever changing world of privacy and data protection, global diversity is proven every day by fascinating developments taking place in every corner of the planet. At the same time, a common pattern can be seen in many of those developments: their attempt to strike the right balance between the exploitation and the protection of the most valuable asset of our time. So whilst Brussels wakes up from its legislative recess, it is worthwhile having a look at what has been happening in other parts of the world and spot trends and priorities in the regulation of personal information. / read more

The Privacy Act 1988 (Cth) (‘Privacy Act’) regulates the processing of personal data by businesses in Australia and Federal Government agencies. The Privacy Amendment (Enhancing Privacy Protection) Bill 2012 (Cth) (‘Bill’), which will significantly increase the obligations on organisations that collect or deal with personal data in Australia or from Australian residents, is expected to be passed in Parliament this year. While organisations will have nine months to comply from the date the Bill receives Royal Assent, Alec Christie, Partner, and Angus Kilian, Solicitor, at DLA Piper Australia, discuss how organisations that carry on business in Australia should start reviewing their privacy policies and their procedures, as failure to do so could expose them to liability. / read more

The era of the simple mobile phone that is unable to connect to the internet appears to be coming to an end in Western Europe. In 2011, it was estimated that in Europe smartphones sales accounted for 52% of all mobile phone sales. Further, the European Mobile Observatory 2011 expects smartphone sales to grow at a rate of 33% per year. As the number of smartphones has proliferated, the number of applications has grown too. In a recent study by ABI Research, it was found that there were 29 billion mobile applications downloaded in 2011, up from 9 billion in 2010. This trend does not appear likely to cease with International Data Corporation (IDC) predicting that global downloads will reach 76.9 billion in 2014. / read more

The latest technological opportunity comes through the use of cloud computing. As the concept of cloud computing has rapidly moved onto the scene, businesses across all industries have moved swiftly (and some would argue, recklessly) to take advantage of “the cloud”, often without fully realizing the hidden risks associated with this movement because of the immediate lure of visible cost savings. The healthcare industry (as it often is) has been slow to take advantage of the technological opportunities presented by the cloud. Why is this and will it be changing soon? Kirk J. Nahra, Partner at Wiley Rein LLP, examines how realistic the uptake might be and the challenges which the industry might face in the process. / read more

In recent years, the fast growth and development of the means of communications and information technologies (IT) have led to a more interconnected world in which access to information and personal data is easier than ever. Governments have enacted laws and rules that protect citizens’ rights, and regulate the use and processing of personal data by companies and public bodies. However, the current financial crisis in Spain has had an impact on this aspect, and its repercussions have been felt in three main sectors: companies, citizens and the state. Furthermore, the consequences and effects for these groups are not isolated, but are interconnected which exacerbate the situation. José Dominguez Leandro, Director, Rodrigo Gonzalez Ruiz, Managing Lawyer, and María Peligro Formoso, Senior Lawyer, at Ernst & Young in Spain, discuss the impact the recession has had on the country. / read more

In June 2012, an increasingly active US Federal Trade Commission (‘FTC’) announced a settlement in the form of a consent decree with data broker Spokeo, Inc. for violations of the Fair Credit Reporting Act (‘FCRA’). The FCRA is designed to protect the collection, dissemination and use of consumer credit information. Spokeo agreed to pay a $800,000 penalty and to undertake various compliance initiatives, including undertaking twenty years of recordkeeping requirements and implementing procedures to help ensure FCRA compliance. This action puts data brokers, employers, credit issuers, and sellers on notice that the FTC is carefully monitoring compliance with consumer protection laws in the online and social networked environments. Michelle W. Cohen of Ifrah Law PLLC discusses the FTC ruling. / read more

Mobile privacy is considered by some as ‘truly the uncharted Wild West’ since current privacy laws and frameworks do not readily translate into the mobile environment. The vast amount of data stored on smartphones, such as behavioural and location data, and the diverse range of players only add to the mobile privacy compliance complexities. Alex Bryant of Data Protection Law & Policy interviewed Kasey Chappelle, Global Privacy Counsel at Vodafone, to learn about the current challenges, upcoming trends and potential solutions for m-privacy dilemmas. / 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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