Archives: Privacy & Data Protection

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Government announces proposals for a new Data Protection Bill

The government has released a Statement of Intent (“the Statement”) for a new Data Protection Bill (“the Bill”). The Bill was originally announced in the Queen’s Speech earlier this year (see our previous blog on this). This Statement provides further detail on the government’s proposed reforms to data protection laws in the UK. The Bill … Continue Reading

UK government posts new NIS Directive consultation addressing cybersecurity threats

The security and reliability of the UK’s IT infrastructure remains a key priority for the government. In August 2017, the Department for Digital, Culture, Media and Sport launched a public consultation on its plans to transpose the Network and Information Systems Directive (‘NIS Directive’) into UK legislation. (As we reported earlier this year, the UK has … Continue Reading

Europe Explores Data Ownership

Machine-generated data is a hot commodity, but who owns this information? As more and more valuable data are generated, should there be legislation to establish ownership and, potentially, access rights? The European Commission conducted a public consultation, “Building a European Data Economy,” to find out. The consultation addressed key factors, such as the question to … Continue Reading

SEC Increases Focus on Cyber Incident Response

In the past few years, we have seen an uptick in agencies beginning to focus on the cybersecurity readiness and response of organizations subject to their jurisdiction. The U.S. Securities and Exchange Commission (SEC), for example, has identified cybersecurity as a top priority for many years. This past June, the SEC named Stephanie Avakian and … Continue Reading

ECPA Reform Legislation on the Horizon (Again)

Three bipartisan Senate bills are up for consideration in Congress that would attempt to modernize the legal standards under which the U.S. government can access communications electronically stored by email service providers and cloud computing companies. The proposed bills, introduced July 27, 2017, each provide a different scheme in updating the Electronic Communications Privacy Act … Continue Reading

Fines under GDPR – German DPAs provide guidance

The German Data Protection Authorities (“DPAs”) released a paper on fines under Art. 83 General Data Protection Regulation (“GDPR”) in July 2017. Fines are hanging like a Sword of Damocles over the organizations that are getting ready for GDPR, since the upper limits of fines have been increased substantially. For example, German DPAs can currently … Continue Reading

House of Lords publishes report on Brexit and the EU Data Protection Package

The House of Lords EU Home Affairs Sub-Committee (“the Committee”) has published a report on the EU Data Protection Package and the impact of Brexit (“the Report”). The Report considers the implications of the UK’s exit from the EU for cross-border data transfers, and for UK data protection policy more generally. The Report looks at … Continue Reading

CJEU has released Opinion on EU-Canada Passenger Name Record Agreement – What it means for international data transfer mechanisms

In the Opinion 1/15 of 26 July 2017 (“Opinion”), the Court of Justice of the European Union (“CJEU”) held that the proposed agreement between the EU and Canada on the transfer and processing of Passenger Name Record (“PNR”) data may not be concluded in its current form. The Opinion is available here. The CJEU said that … Continue Reading

House of Commons publishes briefing paper on Brexit and data protection

The House of Commons Library, which aims to provide impartial research and analysis to MPs and their staff, has published a briefing paper on the impact of Brexit on data protection law in the UK (“the Paper”). The Paper summarises the background to EU data protection law and notes that inconsistent implementation of the Data … Continue Reading

Article 29 Working Party releases detailed opinion on data processing in the workplace

The Article 29 Working Party (“WP29”) recently published an opinion on data processing at work (“Opinion”). The Opinion restates the position and conclusions in WP29’s 2001 Opinion on processing personal data in the employment context (WP48), and its 2002 WP55 Working Document on the surveillance of electronic communications in the workplace. However, it addresses the … Continue Reading

EU Regulation on cross-border portability of online content services in force

After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (‘Regulation’) enters into force 20 July 2017, and will become enforceable 20 March 2018. The Regulation focusses on seamless access … Continue Reading

Bavarian DPA has released GDPR implementation audit questionnaire

The Bavarian Data Protection Authority (“Bavarian DPA”) has published an English-language version of a GDPR implementation audit questionnaire (“Questionnaire”). The Questionnaire is available here. The Questionnaire has been previously released in German. Content of the Questionnaire The Questionnaire includes questions on six topics: Structure and responsibility in the company • For example, is there awareness … Continue Reading

Let’s Talk about Data Ownership

Data: The new oil. Does anyone own this asset? If no, does the digital economy call for the creation of a right to data? Reed Smith IP partner Anette Gärtner co-authored an in-depth analysis titled “Let’s Talk about Data Ownership,” published in the current issue of the European Intellectual Property Review. The analysis focuses on … Continue Reading

ICO publishes International Strategy

The Information Commissioner’s Office (“ICO”) has released its International Strategy 2017-2021  (“Strategy”). The Strategy supports its Information Rights Strategic Plan, which we reported on earlier this year. The first part of the Strategy refers to the challenges and priorities for the next five years, particularly in light of changes brought about by the General Data … Continue Reading

Subject access requests: ICO publishes updated guidance

The Information Commissioner’s Office (ICO) has published an updated data subject access code of practice (the Code) to reflect developments following two major Court of Appeal judgments published in early 2017: Dawson-Damer and others v Taylor Wessing LLP [2017] EWCA Civ 74 and Ittihadieh v 5-11 Cheyne Gardens RTM Company Ltd and Others [2017] EWCA Civ 121. … Continue Reading

German Parliament to adopt WiFi Act and Hate Speech Act this week

In two last-minute decisions, the German Parliament (Bundestag) will likely adopt the WiFi Act (Entwurf eines Drittes Gesetz zur Änderung des Telemediengesetzes) and the Hate Speech Act (Entwurf eines Gesetzes zur Verbesserung der Rechtsdurchsetzung in sozialen Netzwerken) in the last session of the current legislative term. The parliament will vote on both bills on 30 … Continue Reading

The Queen’s Speech 2017: The future for UK data protection regulation

The Queen’s Speech was delivered 21 June 2017, setting out the government’s legislative plans. Key proposals from a data protection perspective include: The introduction of a new Data Protection Bill, which will incorporate the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), and the new Directive which applies to law enforcement data processing into UK law; and A … Continue Reading

Get your update on IT & Privacy Law (Germany)

The Summer 2017 Edition of the quarterly IT & Privacy Newsletter by Reed Smith Germany has just been released. We cover the German GDPR Implementation Act, new case law on processing on the basis of legitimate interests, marketing consent, and provider liability, as well as the paper on Google Analytics by the Hamburg data protection … Continue Reading

Second Circuit Provides Businesses with a Powerful Defense to TCPA Revocation Claims

In a watershed ruling for businesses facing the recent onslaught of Telephone Consumer Protection Act (TCPA) claims, the Second Circuit Court of Appeals held that consumers cannot revoke their consent to receive automated or prerecorded cell phone calls if they previously consented to receive those calls as part of a binding contract. See Reyes v. Lincoln … Continue Reading

South Korea joins APEC’s Cross Border Privacy Rules system

This week, it was officially announced that South Korea has become the fifth country to join the Asia-Pacific Economic Cooperation’s (APEC) Cross Border Privacy Rules (CBPR) system. This system was developed by APEC in 2011 to “build consumer, business and regulator trust in cross border flows of personal information” and thus facilitate e-commerce among APEC … Continue Reading

ICO’s Strategic Plan for the ‘New Frontier’ of Data Protection

The ICO recently published its Information Rights Strategic Plan for 2017 – 2021  (the ‘Plan’). Within it, the ICO Commissioner, Elizabeth Denham, asserts that we are on the “edge of a new frontier,” and that the data protection landscape is about to be reshaped by the “game changing” General Data Protection Regulation (the ‘GDPR’). Noting … Continue Reading

Legitimate interests: a balancing act

The Court of Justice of the European Union (CJEU) recently gave its preliminary ruling on the interpretation of the legitimate interests condition under Article 7(f) of the Data Protection Directive 95/46/EC (the Directive) in the context of processing by a public authority. A collision In 2012, a passenger in a taxi in Latvia suddenly opened … Continue Reading

Launching New Multistate Assessment Tool for Data Breach Notification Obligations

Nearly every state in the United States requires notification when certain personal information is lost, stolen, or misused. However, the many state laws vary in subtle but crucial respects, making it difficult to get to a bottom line quickly. Reed Smith’s Information Technology, Privacy & Data Security practice is thrilled to release a first-of-its-kind tool … Continue Reading

CIPL produces roadmap for potential certification standards under GDPR

As part of its GDPR Implementation Project, the Centre for Information Policy Leadership (‘CIPL’) has released a discussion paper on certifications, seals and marks. The paper stresses the benefits of certifications that can be adapted to different companies and contexts, all while retaining common cross-border baselines. As no such measure is currently in place ahead … Continue Reading
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