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Data Protection Leader

Volume: 9 Issue: 9
(September 2012)


News

The UK Information Commissioner's Office (ICO) released, on 27 September 2012, a cloud computing guide, recommending, among others, that cloud customers create a clear record about the categories of data they intend to move to the cloud and warns that using cloud services 'may give rise to more personal data collected...for example, the usage statistics or transaction histories of users may be recorded'. The publication of the guide follows the Article 29 Working Party (WP29) 1 July Opinion (05/2012) on cloud computing. / read more

Amendments to the Federal Data Protection Act, adopted on 3 July 2009, entered into force on 1 September 2012, following the end of a three–year transitional period. Companies are now required to obtain the express opt-in consent of data subjects in order to process their data for marketing purposes. / read more

The EU Commission will publish its decision on whether New Zealand’s data protection regime offers adequate data protection in October 2012, a spokesperson for the EU Commission said on 26 September. / read more


Features

If there was a prize for the most controversial provision in the draft EU Data Protection Regulation, it would probably be won by the article dealing with consent. From Member States' governments to the European Parliament's committees, everyone seems to have a very strong opinion of that article. A number of European governments have already used their representation on the Council of the EU to criticise the legal uncertainty created by the draft provision. The level of disagreement with the Commission's proposal is perhaps not surprising given the elevated and rather emotional role that consent has in privacy matters and the potentially catastrophic consequences of setting the bar for valid consent either too low or too high. But the point is that once again, the issue of individual's consent is proving to be an uneasy one, to say the least. / read more

Over the past few years, traditional gaming has evolved into an increasingly social experience through the rise of social networks and mobile apps, resulting in the disclosure of a wealth of personal data. Eitan Jankelewitz, Lawyer at Sheridans, discusses the data protection issues arising from this growing phenomenon. / read more

Microsoft's Internet Explorer 10, to be previewed later this year, will be the first internet browser to feature 'Do Not Track' as a default setting. But what does this mean for cookie compliance and the need for websites to gain informed consent? Oliver Bray and Caroline Kenny of Reynolds Porter Chamberlain LLP, discuss the Interactive Advertising Bureau's concerns about 'Do Not Track' technology and the potential benefits to compliance. / read more

Latin America is one of the fastest developing regions for data protection, with more countries enacting regimes to attract outsourcing and foreign trade. Mexico’s Federal Law on the Protection of Personal Data was enacted in 2010, however staggered implementation has resulted in the introduction of new requirements. Dr Cristos Velasco, manager of consultancy firm Protección Datos México (ProtDataMx) takes a closer look at the latest developments, as well as the enforcement activities of the Mexican data protection authority. / read more

‘What someone wants to express is news. Everything else is publicity.’ That cryptic insight lays bare much of the hypocrisy surrounding the rights of public figures in relation to their coverage by the Press. The rounded Data Protection lawyer needs to have an informed view on this continuing debate. In the first part of this Article, Christopher Rees, Partner, and Kruthika Katragadda, Associate, at Taylor Wessing LLP, shall look at the way the debate has evolved thus far. / read more

At the EU-US Conference on Privacy and Protection of Personal Data held simultaneously in Brussels and Washington D.C, both the EU and the US committed to ‘a stronger transatlantic cooperation in the field of data protection [which] will enhance consumer trust and promote the continued growth of the global internet economy and the evolving digital transatlantic common market’. To learn about the cooperation in privacy area between the EU and the US so far, Asta Puraite of Data Protection Law & Policy interviewed John Kropf, Deputy Counsel for Privacy and Information Governance at Reed Elsevier and formerly the Deputy CPO for the US Department of Homeland Security and author of Guide to U.S. Government Practice on Global Sharing of Personal Information. / 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 Rule1. 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 20052. The FTC specifically noted ‘an explosion in children’s use of mobile devices, the proliferation of online social networking and interactive gaming’3. Andrew Serwin, Partner and the 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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