2 10 October 2005

News:

The UK Office of the Information Commissioner is considering issuing further guidance on the interpretation of 'personal data' as the House of Lords now looks unlikely to provide a ruling on the subject.

The Information Tribunal in London has ruled that police forces do not breach the Data Protection Act by processing conviction data relating to offences more than 20 years old.

California Governor Arnold Schwarzenegger has signed a bill bringing anti-phishing legislation into force, making California the first US state to target internet identity-theft scams.

Features:

Whilst much of the legal profession concerned with data protection continues to debate the merits and shortcomings of the Durant approach to personal data - where to qualify as such, the data must focus on the individual in such a way that its use impacts on that individual's privacy - here, in the real world, we need to get on with operating global businesses and reducing costs.

With UK consumer debt reportedly reaching record highs, concerns exist over the increasing use of consumer credit data by lenders. Bridget Treacy and Prini Pithouse of Barlow Lyde & Gilbert examine the legal position and consider whether more regulation is required.

As a leading global information broker with more than 50,000 clients, Experian recognises the importance of a centralised compliance model to address global opportunities and risks. Mike Bradford, Director of Data Protection and Regulatory Affairs explains Experian's philosophy to data protection.

Healthcare professionals, suspicious of child maltreatment, are voicing concerns over the disclosure requirements under the Data Protection Act for fear of the repercussions in an increasingly litigious society. Valerie Surgenor, an associate at MacRoberts Solicitors examines the issues.

Recent highly publicised privacy breaches affecting Australian citizens have highlighted the legal and technological limitations of the current framework. Kevin Shaw of Deloitte and Malcolm Crompton of Information Integrity Solutions Pty Ltd and former Privacy Commissioner of Australia, examine national and regional developments addressing privacy concerns.

Recent highly publicised data security breaches has led to a race among US congressional committees to create a proposal for a uniform national data security law. With such a law now inevitable, Emilio Cividanes, a partner at Venable LLP in Washington DC, looks at the current proposals and considerations.

The Czech Republic has become a leading authority and role model for those Eastern European countries aiming to develop their data protection frameworks and join the EU. Dr Karel Neuwirt, former President of the Czech Office for Personal Data Protection examines the history and current developments of Czech data protection.