Tag Archives: protection

An interview with North Carolina AG Josh Stein

Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Divonne Smoyer and Kimberly Chow’s Q&A with North Carolina Attorney General (AG) Josh Stein. Throughout his tenure as AG, Stein has shown a clear commitment to data privacy and security through his advocacy for strong … Continue Reading

NHS Advocates Selling Confidential Patient Data For Secondary Purposes

Latest plans announced by the UK’s Health and Social Care Information Centre (HSCIC) have resulted in a flurry of media controversy condemning NHS England (NHS) for advocating the sale of patient data to third parties for profitable gain. HSCIC, together with the NHS, has pioneered a new scheme, known as the ‘care.data’. From March 2014, … Continue Reading

Canada Supreme Court Declares Alberta Privacy Law Unconstitutional

On November 15, 2013, the Supreme Court held Alberta’s Personal Information Protection Act (“PIPA”) to be unconstitutional, holding that an individual’s right to freedom of expression in the labor strike context outweighs the individual’s right to control his or her information in public. The ruling is suspended for 12 months to give Alberta’s legislature time to … Continue Reading

Latin American Update: Costa Rica and Peru bring Data Protection regulations into force

This post was written by Cynthia O’Donoghue. Costa Rica’s 2011 data protection law came into force March 5, 2013, and Peru’s laws took effect April 22, 30 days after it published regulations. While this imposes new obligations on businesses operating or looking to do business in these countries, as with other data protection laws modelled … Continue Reading

The first European Parliament vote on the new data protection regime will be delayed

This post was written by Cynthia O’Donoghue. The date of the first binding vote by the Civil Liberties, Justice and Home Affairs Committee (LIBE) on the proposed General Data Protection Regulation (Regulation), which was initially planned for April-May 2013, has been postponed a second time. During the meeting on May 6, LIBE decided to delay … Continue Reading

FTC Tries The Carrot and The Stick: Releases Guidance on Mobile Privacy Best Practices; Enters Into $800K Consent Order with Path

Today, the Federal Trade Commission released detailed guidance on privacy in the mobile environment – at the same time it announced its largest-ever settlement with an app developer for alleged privacy violations. Combined with aggressive action on mobile privacy issues by the California attorney general’s office, Mobile Privacy Disclosures provides every company associated with a … Continue Reading

FTC Does Not Issue a Final COPPA Rule; Instead, Seeks Comment on Modifications to Rule Definitions

This post was also written by Amy S. Mushahwar. This morning the FTC released a supplemental notice of proposed rulemaking on the Children’s Online Privacy Protection Act (COPPA) Rule. This is not a final rule. The notice suggests further modifications to proposed definitions released in the September 2011 Notice of Proposed Rulemaking on the COPPA … Continue Reading

Article 29 Working Party adopts a “general positive stance” in its Opinion on the new EU Data Privacy Regulation and Directive

This post was written by Cynthia O’Donoghue. In the Article 29 Working Party’s Opinion on the new EU data protection reforms, the Working Party has carefully studied both the Regulation and the Directive, and has given its first general reaction. The Working Party welcomed the provisions intended to clarify and strengthen the rights of individuals, including … Continue Reading

Does Google Remember Too Much? Spain’s National Court Tests the “Right to be Forgotten”

In the midst of discussions on Google’s revised privacy policy and its compliance with EU legislation, Spain’s highest court, the Audiencia Nacional de España, has referred a case up to the European Court of Justice (ECJ) to decide on whether Spanish citizens can lawfully demand that Google delete information about them from its search engine, … Continue Reading

Privacy Ratings: Do They Mean Anything?

This post was also written by Chris Cwalina, Nick Tyler and Frederick Lah. Consumers increasingly demand transparency into how companies use their personal information. We’ve seen a number of responses to this. One has been legislative; for example, the accounting requirement under the Dodd-Frank Act and California’s Shine the Light Act. For our previous analysis of … Continue Reading

U.S. lawyers urge courts to respect EU data privacy laws – ‘Hobson’s Choice’ just got harder!

This post was also written by Nick Tyler and Regis Stafford. The American Bar Association (ABA) this week passed an important resolution urging all courts in the U.S. to: “consider and respect…the data protection and privacy laws of any…foreign sovereign, and the interests of any person who is subject to, or benefits from such laws, with … Continue Reading

EU Commission sends draft EU General Data Protection Regulation and Directive on Criminal Investigations and Judicial Proceedings to the European Parliament

This post was written by Nick Tyler.  The European Commission today completed its task of reforming the EU Data Protection Directive by sending a draft Regulation to the European Parliament. The draft Regulation contains comprehensive reforms and seeks to harmonise data protection laws across the 27 EU Member States, and to enhance EU citizens’ privacy protections … Continue Reading

UK High Court challenges ICO’s view on the scope of “domestic purposes” exemption – UK data protection regulator may now be expected to intervene and stop unlawful publication of offensive material on the Internet

This post was also written by Nick Tyler. In a decision with potentially far-reaching consequences for the UK data protection regulator, a High Court Judge, Tugendhat J., questioned the legal basis upon which the Information Commissioner’s Office (ICO) declined to take action to stop the publication of defamatory and offensive material on the website solicitorsfromhell.co.uk. … Continue Reading

“Stick, Twist or Bust?” UK Minister warns EU Commission not to gamble with the future direction of data protection law.

This post was also written by Nick Tyler. The UK Minister responsible for government policy on data protection has raised concerns about any proposed “radical rewrite” of the EU Data Protection Directive. Kenneth Clarke, Lord Chancellor and Secretary of State for Justice, called for both flexibility and a common-sense solution to modernising data protection law. He … Continue Reading

From World Cup Winners to Adequate Level of Data Protection – Uruguay Set to Join Another Exclusive Club!

This post was also written by Nick Tyler. Having hosted and won the very first ‘soccer’ World Cup in 1930, and then having won it again twenty years later, Uruguay belongs to a very exclusive band of multiple-World Cup winning countries. Having reached the semi-finals of this year’s tournament (for the fifth time in total), this relatively … Continue Reading

The UK Regulator’s ‘Wish List’ for a New EU Data Protection Directive Highlights the Challenges Ahead

This post was also written by Nick Tyler. The Information Commissioner’s Office (ICO), the UK data protection regulator, has recently responded to the UK Government’s Call for Evidence on the current data protection legislative framework. The Ministry of Justice sought evidence about how the European Data Protection Directive 95/46/EC and the Data Protection Act 1998 are … Continue Reading
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