3 10 October 2006

News:

The Belgium Prime Minister, Guy Verhofstadt, has called on the EU to open negotiations with the US over the transfer of data from Belgium headquartered SWIFT, the Society for Worldwide Interbank Financial Telecommunication, to the US Treasury for counter-terrorism analysis.

The Article 29 Data Protection Working Party has suggested that an obligation for network operators and internet service providers (ISPs) to notify customers of security breaches should be expanded to include other 'data brokers', such as 'banks or other online service providers'.

The Information Commissioner's Office is to investigate UK mobile phone companies that outsource call centres to India, after a Channel 4 Dispatches programme revealed evidence of illegal buying and selling of personal information in India.

Features:

Let's face it, data protection is often seen as a rather arcane area of law, at least by those who know little about it. Although all types of privacy professionals have a substantial role to play in changing this perception, regulators - as promoters of good practice and enforcers - are particularly responsible for showing that they understand the connection between this complex area of law and the even more complex realities of everyday life.

The $1 million fine imposed by the FTC on networking site Xanga.com is a cautionary tale for all businesses that gather data from children online. In the UK, the position is governed by the Data Protection Act, but there is little specific guidance on the use of child data. Claire Walker of Olswang considers industry initiatives providing guidance on best practice.

The recently released text of a 2004 Yahoo! BB Technology case highlights how companies in Japan can be held liable for any leak of personal information, even if that information is not misused. Miriam Wugmeister and Saori Horikawa, of Morrison & Foerster LLP, highlight that an April 2005 privacy law does not change the court's thinking in this case, and provide advice on what steps companies conducting business in Japan can take in order to protect themselves from similar claims.

The International Working Group on Data Protection in Telecommunications recently approved the circulation of draft guidelines for government use of TC and DRM technologies. Lindy Siegert of the Office of the Privacy Commissioner, New Zealand, which drew up the guidelines, explains why they are immediately necessary, the industry consultation process behind them and how they are adaptable for use in any jurisdiction.

The Commonwealth Parliament recently passed the Privacy Legislation Amendment Act 2006, which expanded the Privacy Act 1988 by protecting an individual's genetic information from misuse. Jamie Nettleton and Samuel Kibbey of Addisons examine the need for the expanded Act, and how it protects genetic information.

In 1994, the Criminal Justice and Public Order Act (CJPOA) was passed, enabling the national DNA database (NDNAD) to be set up. The database has since helped solve a number of cold cases including 37 murders, 16 attempted murders and 90 rapes.