2 9 September 2005

News:

Information Commissioners attending the 27 International Conference of Data Protection and Privacy Commissioners unanimously adopted on September 16 the Montreux Declaration, which calls for the development of a universal convention for the protection of individuals with regard to the processing of personal data.

The EU Commission has adopted a revised draft of the controversial Data Retention Directive, citing the urgency 'to adopt harmonised provisions at EU level' on the retention of communications traffic data.

The State of New York has signed a bill into law requiring companies and governments to notify customers in instances where confidential information has been exposed to possible identity thieves.

Features:

The fact that representatives of some 40 data protection authorities from all over the world are able to get together in the same place and at the same time is very impressive. But agreeing to try and influence global politics at the highest possible level shows an incredible amount of confidence. It may have taken 27 international conferences to get to this point, but the succinct Montreux Declaration regarding the protection of personal data and privacy in a globalised world summarises the ambitions of every single data protection professional - not just regulators - in a spectacular fashion.

Recent terrorist attacks have led to heated debate on the need for a pan-European data retention law. With the European Parliament rejecting the latest proposal, Tim Hill of the Law Society explains why further consultation is needed.

The French Information Commission's rejection of company whistleblowing hotlines required under Sarbanes Oxley highlights potential conflicts between European and US laws. Nigel Wildish, partner at Field Fisher Waterhouse examines the case and the position in other member states.

Recent cases in the US resulting in multi-million pound damages awards have highlighted the dangers of weak data retention and management procedures. Bridget Treacy , a partner with Barlow Lyde & Gilbert, examines developing coherent and effective compliance strategies.

To promote ideas and dialogue around creating meaningful and strong privacy protections for today, Microsoft has published a white paper outlining strategies for compliance with EU data privacy regulation. The White paper was written by Peter Fleischer, director of regulatory affairs for Microsoft EMEA and this article is an abbreviated version of his comments.

The controversy surrounding the Governor of the Banca D'Italia has highlighted the increasing use of phone tapping by Italian investigating authorities. Michael Poole, a lawyer at Abbat escianni Studio Legale e Tributario in Milan examines the current law and its proposed changes.