On 14 July 2015, the Indonesian government published the Draft Regulation of the Minister of Communication and Information (RPM) of the Protection of Personal Data in Electronic Systems (‘Draft Regulation’). Pursuant to Article 7(2) of Government Regulation No. 82 of 2012 and currently only available in Indonesian, the Draft Regulation addresses the protection of personal
Draft Data Protection Regulation
Search engine providers face tougher fines under proposed EU tiered fine system
By Cynthia O’Donoghue on
A leaked draft proposal posted by StateWatch and created by the European Commission reports that most Member States appear to be in favour of introducing a three-tiered fine system for non-compliance with EU data protection rules. Under the proposal, which was revised as a result of the 21 April 2015 meeting, all Member States are required to implement a system which provides effective, proportionate and dissuasive penalties, and creates three levels of fines at 0.5%, 1% and 2% of an organisation’s total worldwide annual turnover.
The fine criteria is set out under Article 79a of the draft General Data Protection Regulation (the ‘GDPR’), and the amount of the fine will depend upon the nature, gravity and duration of the infringement. As examples, a fine of up to 0.5% could be levied against organisations that fail to respond to data subject access requests within the prescribed period, or that charge a fee for dealing with such requests. Failure to provide the correct information in response to data subject access requests, failure to be transparent about the purposes for processing individuals’ data, or breaches of the right to be forgotten principle may now lead to a fine of up to 1%.
Continue Reading Search engine providers face tougher fines under proposed EU tiered fine system
EU Art. 29 Proposes Class Actions to Enforce Privacy Rights
This month, the Article 29 Data Protection Working Party (Working Party) and the French Data Protection Authority (CNIL) held the European Data Governance Forum, an international conference focusing on the issues of privacy, innovation and surveillance in Europe. The conference highlighted many of the issues raised in the Joint Statement released by the Working Party…
EU Council Agrees on Partial General Approach to General Data Protection Regulation
By Cynthia O’Donoghue on
At the latest meeting in Brussels, Justice ministers agreed on a partial general approach. Andrea Orlando, Italy’s Minister for Justice and President of the Council, expressed the importance of this consensus on one of the “most politically sensitive issues on data protection reform”.
The press release states that the partial general approach includes articles which…
Draft Data Protection Regulation delayed
By Cynthia O’Donoghue & Kate Brimsted on
At the latest meeting in Brussels, Justice ministers failed to come to a consensus on the “one stop shop mechanism” and the role of the proposed European Data Protection Board (EDPB). The minutes state that while a “majority of ministers endorsed the general architecture of the proposal,” “further technical work is required”.
Ahead of the…