Posts tagged EU Data Protection Directive

Apple, Boris Segalis, data protection, Directive, DPA, EU Data Protection Directive, Google, InfoLawGroup, information law group, mobile privacy, privacy, privacy enforcement, WP29

Mobile Location Privacy Opinion Adopted by Europe's WP29

By InfoLawGroup LLP on May 19, 2011

On May 16, 2011, EU's Article 29 Working Party (WP29) adopted an opinion setting out privacy compliance guidance for mobile geolocation services.WP29 is comprised of representatives from the EU member states' data protection authorities (DPAs), the European Data Protection Supervisor and the European Commission. WP29's mandate includes (i) giving expert advice to the EU member states regarding the implementation of European data protection directives, and (ii) promoting uniform implementation of the directives in all EU state members as well as in Norway, Liechtenstein and Iceland. WP29's opinions, therefore, carry significant weight in the interpretation and enforcement of data protection laws by European DPAs. Not surprisingly, WP29 has concluded that geolocation data is "personal data" subject to the protections of the European data protection framework, including the EU Data Protection Directive 95/46/EC. The Working Party also determined that the collection, use and other processing of geolocation data through mobile devices generally requires explicit, informed consent of the individual. Below are the highlights of the opinion.

Boris Segalis, cross-border, Dan Or-Hof, data protection, data transfer, EU Data Protection Directive, EU Directive, European Commission, ILITA, InfoLawGroup, information law group, Israel, model clauses, Privacy Protection Act, Safe Harbor, Yoram Hacohen

EU Confirms Adequacy of Data Protection in Israel, Simplifies Personal Data Transfers

By InfoLawGroup LLP on February 01, 2011

Dan Or-Hof, a privacy and technology partner at the Israeli law firm Pearl Cohen Zedek Latzer is reporting that the EU Commission published the much-anticipated announcement on the adequacy of data protection law in Israel. Published on January 31, 2011, the decision adopted by the Commission determines that Israel provides an adequate level of protection for personal data transferred from the EU, however only in relation to automated international data transfers and to automated processing of data in Israel.

Boris Segalis, consent, data protection, EU Data Protection Directive, InfoLawGroup, information law group, privacy enforcement, Russia

Russia Postpones Enforcement of Data Protection Law; Considers Revisions

By InfoLawGroup LLP on January 13, 2011

On December 23, 2010, Russia's President Dmitry Medvedev signed legislation delaying until July 1, 2011 the enforcement of the country's omnibus data protection law (the Federal Law Regarding Personal Data). Pursuant to the new legislation, the revised effective date for the country's data protection law is January 1, 2011, but operators have until July 1, 2011 to bring their personal data information systems into compliance with the law.

Boris Segalis, EU Data Protection Directive, FTC, lawyers, OECD, privacy, privacy enforcement, privacy law, privacygenerations

Pondering the Role of Privacy Lawyers: From Jerusalem to New York

By InfoLawGroup LLP on November 15, 2010

During the final week of October and beginning of November, I attended two privacy events that were set far apart geographically and philosophically: the Data Protection Commissioners Conference in Jerusalem and the ad:tech conference in New York City. The Jerusalem event had a decidedly pro-privacy flavor, while at ad:tech businesses showcased myriad ways for monetizing personal information. Both conferences posed interesting questions about the future of privacy, but as a privacy lawyer I was more interested in learning and observing than engaging in the privacy debates. The events' apparently divergent privacy narratives made me ponder where a privacy lawyer may fit on the privacy continuum between these two great cities.

data protection, data transfer, EU Data Protection Directive, EU Directive, European Commission, European Union, Legislation, OECD, privacy, privacygenerations

European Commission Announces Strategy for Revising EU Data Protection Rules

By InfoLawGroup LLP on November 04, 2010

Earlier today, the European Commission released documents setting out the road map for revision of the European data protection rules, including the EU Data Protection Directive 95/46/EC. The strategy is based on the Commission's position that an individual's ability to control his or her information, have access to the information, and modify or delete the information are "essential rights that have to be guaranteed in today's digital world." The Commission set out a strategy on how to protect personal data while reducing barriers for businesses and ensuring free flow of personal data within the European Union.

data protection, David Vladeck, EU Data Protection Directive, Federal Trade Commission, FTC, ILITA, OECD, privacy, privacy enforcement, privacy governance, privacygenerations

Data Commissioners Conference in Jerusalem Focuses on Future of Privacy, Cooperation and Enforcement

By InfoLawGroup LLP on November 02, 2010

Last week, we joined privacy regulators, practitioners and industry representatives from around the world in Jerusalem for the 32nd International Conference of Data Protection and Privacy Commissioners. On numerous panels, conference participants engaged in lively discussions about privacy compliance and enforcement as well as the future of privacy in light of evolving consumer expectations and advances in technology that tracks and identifies individuals.

Cloud, cloud computing, EU, EU Data Protection Directive, EU Directive, European Union, Germany, international data transfers, Safe Harbor, transborder data flows

European Reservations?

By W. Scott Blackmer on August 25, 2010

German state data protection authorities have recently criticized both cloud computing and the EU-US Safe Harbor Framework. From some of the reactions, you would think that both are in imminent danger of a European crackdown. That's not likely, but the comments reflect some concerns with recent trends in outsourcing and transborder data flows that multinationals would be well advised to address in their planning and operations.

breach notice, Canada, data protection law, EU Data Protection Directive, Mexican, Mexico, PIPEDA, Security, transborder data flows

Mexico's New Data Protection Law

By W. Scott Blackmer on July 28, 2010

Mexico has joined the ranks of more than 50 countries that have enacted omnibus data privacy laws covering the private sector. The new Federal Law on the Protection of Personal Data Held by Private Parties (Ley federal de protección de datos personales en posesión de los particulares) (the "Law") was published on July 5, 2010 and took effect on July 6. IAPP has released an unofficial English translation. The Law will have an impact on the many US-based companies that operate or advertise in Mexico, as well as those that use Spanish-language call centers and other support services located in Mexico.

Binding Corporate Rules, clauses, cloud computing, consent, contract, controller, EU, EU Data Protection Directive, EU Directive, European Union, offshoring, outsourcing, processor, Safe Harbor, sstandard, standard contractual clauses

Do the New EU Processing Clauses Apply to You?

By W. Scott Blackmer on June 10, 2010

A new set of EU standard contract clauses ("SCCs" or "model contracts") for processing European personal data abroad came into effect on May 15, 2010. Taken together with a recent opinion by the official EU "Article 29" working group on the concepts of "controller" and "processor" under the EU Data Protection Directive, this development suggests that it is time to review arrangements for business process outsourcing, software as a service (SaaS), cloud computing, and even interaffiliate support services, when they involve storing or processing personal data from Europe in the United States, India, and other common outsourcing locations.

201 CMR 17-00, AES, anonymity, behavioral advertising, breach notification, California, cloud computing, contracts, DPA, Eavesdropping, encryption, EU Data Protection Directive, GLBA, HIPAA, HITECH, IAPP, Kearney, Massachusetts, personally identifiable information, pii, RFID, social networking, spam, SSN, TCPA, telemarketing, text messages, UK ICO, VPPA

Celebrating Data Privacy from A to Z

By InfoLawGroup LLP on January 28, 2010

In honor of Data Privacy Day and its spirit of education, I thought it might be appropriate (and fun) to celebrate some (but certainly not all) of the A, B, Cs of Data Privacy. Would love to see your contributions, too!

appropriate, EU, EU Data Protection Directive, international, reasonable, security measures

Code or Clear? Encryption Requirements (Part 3)

By W. Scott Blackmer on October 01, 2009

In other posts, I addressed the trend in the United States to require encryption for certain categories of personal data that are sought by ID thieves and fraudsters - especially Social Security Numbers, driver's license numbers, and bank account or payment card details - as well as for medical information, which individuals tend to consider especially sensitive. These concerns are not, of course, limited to the United States. Comprehensive data protection laws in Europe, Canada, Japan, Australia, New Zealand and elsewhere include general obligations to maintain "reasonable" or "appropriate" or "proportional" security measures, usually without further elaboration. Some nations have gone further, however, to specify security measures.

Binding Corporate Rules, breach notification, EU Data Protection Directive, Gramm-Leach-Bliley, HIPAA, model contracts, privacy, Safe Harbor

Legal Implications of Cloud Computing -- Part Two (Privacy and the Cloud)

By InfoLawGroup LLP on September 30, 2009

Last month we posted some basics on cloud computing designed to provide some context and identify the legal issues. What is the cloud? Why is everyone in the tech community talking about it? Why do we as lawyers even care? Dave provided a few things for our readers to think about -- privacy, security, e-discovery. Now let's dig a little deeper. I am going to start with privacy and cross-border data transfers. Is there privacy in the cloud? What are the privacy laws to keep in mind? What are an organization's compliance obligations? As with so many issues in the privacy space, the answer begins with one key principle -- location, location, location.