Contributor: Eduardo Ustaran, CIPP/E

Eduardo Ustaran, CIPP/E, is a dually qualified English solicitor and Spanish abogado based in London and an internationally recognised expert in privacy and data protection law. He has been named by Revolution magazine as one of the 40 most influential people in the growth of the digital sector in the UK and is ranked as a leading individual for data protection by Chambers UK. Ustaran is also the author of The Future of Privacy, a book aimed at reshaping the global debate around data and privacy. Ustaran advises on the impact of EU data privacy law on the operational activities of all types of organisations and has assisted data protection regulators from different countries to align their positions and interpretation of the law. He is editor of Data Protection Law & Policy and a member of the panel of experts of DataGuidance. Ustaran is co-author of E-Privacy and Online Data Protection and of the Law Society’s Data Protection Handbook.

EU Data Protection

An Honest Recap on Safe Harbor

By Eduardo Ustaran

The recent vote at the European Parliament—by an overwhelming majority of 544 to 78 members, with 60 abstentions—calling for the immediate suspension of Safe Harbor has sent some powerful shockwaves across the business and legal communities in the EU and beyond. This should not have come as a surprise, given that the European Parliament has been very vocal in this respect for a while, but it is...

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Privacy Profession

For Privacy Pros: A Look At Your Job Tomorrow

By Eduardo Ustaran

It is pretty obvious that the privacy profession is changing fast. 

Once the realm of an elite of nerdy specialists, the profession is opening up to include a whole range of professionals with a variety of talents, training and skill sets. And whilst the complexity of the challenges faced by those with responsibility for managing information, protecting data and safeguarding individual privacy...

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Opinion

The Privacy Pro's Guide to the Internet of Things

By Eduardo Ustaran

Recent stories about smart fridges being hacked, cars knowing our intimate secrets and energy companies predicting what we are having for dinner—OK, I made that one up—highlight the fascinating challenges that the Internet of Things (IoT) is set to bring. More fascinating, however, is the fact that addressing and successfully dealing with these challenges in a way that the opportunities are fully...

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Opinion

How Will Obama's NSA Plans Impact European Data Protection Requirements?

By Eduardo Ustaran

The recently revealed plans by President Barack Obama to reform the way in which the U.S. intelligence services gather and use data throughout the world have had a lukewarm reception by European politicians. The rhetoric by members of the European Parliament in particular suggests that Obama's proposed reforms stopped short of what would have been comforting enough for them. Such reforms are a...

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Opinion

Shutting Europe Down Is Not the Way To Defend Privacy

By Eduardo Ustaran

When I was at university, I remember a lecturer who used to say the first rule that any law degree student should follow was “to not panic.” That is a rule that we should all apply when reading the draft report of the LIBE Committee of the European Parliament on the NSA surveillance programme. The prospect of a closed-down Europe that is advocated by the report is certainly daunting. Shutting...

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Opinion

Yes, Consent Is Dead. Further, Continuing To Give It A Central Role Is Dangerous

By Eduardo Ustaran

At the just-concluded IAPP Data Protection Congress in Brussels, the audience heard a bold proposal from closing keynoter Viktor Mayer-Schönberger: “The naked truth is that informational self-determination has turned into a formality devoid of meaning and import.”

Contemporary ideas of notice and consent, he argued, are a farce.

In the moment, he was quite compelling. It is important that we as...

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Opinion

The Plain Truth About Safe Harbor

By Eduardo Ustaran
The European Commission

The stance adopted by the European Commission in the report on the functioning of Safe Harbor published today was probably one of the worst kept secrets of the privacy world. It was patently obvious to anyone close enough to the controversy around the ability of Safe Harbor to live up to the expectations of EU policymakers and regulators that the European Commission would be critical about it but...

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EU Data Protection

What Next for the EU Regulation?

By Eduardo Ustaran
Logo for the Council of the European Union

After nearly two years of deliberations, the European Parliament has come out of the legislative closet with its proposed view for a new EU data privacy framework. In many respects, the parliament has surprised many of its critics by delivering a draft proposal which is more measured than the European Commission's original text. On the whole, however, the parliament's draft represents a powerful...

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Opinion

Regulating Technology or Behaviour?

By Eduardo Ustaran

An absolute certainty on which everybody seems to agree is that legislating takes longer than programming.

This is not just a bland statement based on guesswork and half-baked common sense. According to a comprehensive survey of app developers carried out in 2013, the average timeframe for developing a mobile app is 18 weeks. That is less than five months. But the interesting fact about that...

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Opinion

The Impact of PRISM on International Data Flows

By Eduardo Ustaran

An exasperatingly awkward challenge affecting the current data globalisation process is the prohibition on exports of data that is present in a number of the world's data privacy laws.  This is something that European organisations have had to live with since the mid-90s, and frustratingly, the trend is being extended to other jurisdictions. Disregarding the reality of Internet and mobile...

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opinion

The Internet of Things and a Balanced Approach to Regulatory Intervention

By Eduardo Ustaran

To say that the Internet has changed and penetrated our lives is without doubt an understatement. As cliché as it may sound, Internet technology has already had an effect of historic proportions for humanity. What is even more amazing is the fact that the real impact is yet to be seen and is only a few years away.

Today, using and benefiting from the wonders of the Internet typically involves a...

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