3 3 March 2006

News:

The first European Data Protection Congress will unite key figures from the institutional, political and business spheres to address the key issues affecting the European data protection communities.

A US House panel has approved a federal bill aimed at protecting consumers from credit-card fraud and identity theft, following a series of data security breaches reported by card companies, banks and retailers.

A Federal Judge has ordered Google to hand over the URLs of 50,000 websites requested through the internet search engine, however Judge James Ware has denied access to individual search requests, citing privacy concerns.

Features:

When Microsoft launched its operating system Windows 95 a decade ago, the default desktop background featured a lovely blue sky dotted with some fluffy clouds. Blue sky thinking is a principle that Microsoft has always been very fond of and not just in terms of programming and operating systems. Over the years, Microsoft has been taking an increasing interest in its role as an influential stakeholder in the legislative process (think CAN-SPAM), but the Seattlebased company is now going even further by championing the adoption of a comprehensive, EU-style US Federal Privacy Act.

An important consideration for many employers is where to draw the line with email filtering and tracking technologies, so as not to breach an individual's rights under privacy and data protection laws. Karin Retzer, Of Counsel, and Teresa Basile, Associate, of Morrison & Foerster examine the Article 29 Working Party's opinion on this issue.

In civil litigation matters, subject access requests under the Data Protection Act can provide litigants with a quick and inexpensive method of obtaining information to help their case. However, Phil Lee, solicitor at Denton Wilde Sapte, explains why the Court of Appeal ruling in the Durant case means such requests are no longer an effective tool in litigation proceedings.

Value added service can provide convenience for the consumer as well as valuable revenue sources for the service provider. However, inappropriate use of this data can impinge upon the privacy and data protection rights of the individual. Nick Aries, of Bird & Bird, assesses the latest guidance from the Article 29 Working Party.

The recent High Court order requiring ISPs to divulge the identities of 150 suspected software pirates and the EU Data Retention Directive have caused concern that there are no longer any hiding places on the internet. Claire Walker of Olswang examines the issues.

Following on from the draft guidelines issued by the CNIL in France, the Article 29 Working Party has issued its opinion on the use of whistleblowing schemes and the key considerations under the Data Protective Directive. Nigel Wildish, Partner at Field Fisher Waterhouse, examines the Opinion.

The effects from the Court of Appeal's decision in Durant v Financial Services Authority are still being felt two years on from the decision. Kevin M Rogers, of the University of Hertfordshire, argues that this and more recent judicial interpretations of the Data Protection Act, restrict the definition of `personal data' under the Data Protection Directive to the detriment of UK data subjects.