Privacy Advisor

Having trouble receiving the Privacy Advisor in your inbox? Click here for troubleshooting tips.

Global Privacy Dispatches

FRANCE—Expansion of CNIL Investigation Powers Confirmed
In the past few years, the French data protection authority (CNIL) has made itself known for its on-site investigation powers by coming unannounced to the premises of businesses to perform interviews and searches in order to assess compliance with the French Data Protection Act. Read More
FRANCE—The End of Aggressive Cold-Calling?
The new consumer act of March 17 is now in force. Among its key measures, it plans the creation of a centralized do-not call list. Read More
HUNGARY—Hungarian DPA Suggests Refinements in IT Policies
In a recent case, the Hungarian Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság or NAIH) investigated a case where a company had to access its employee’s laptop for compliance reasons and imposed a fine of HUF 1,500,000 (approximately 5,000 euros) for unlawful data processing. Read More
UK—Marketing Companies Punished for Hiding Identity While Making Nuisance Calls
The Information Commissioner's Office (ICO) has ordered two telephone marketing companies to change their practices after more than 100 complaints were made to the ICO that the companies were making nuisance marketing calls. Read More
UK—British Pregnancy Advice Service Fined for Serious Data Breach
The British Pregnancy Advice Service (BPAS) has been fined 200,000 GBPs after a serious breach of the Data Protection Act (DPA) revealed thousands of people's personal details to a malicious hacker. Read More
UK—ICO Publishes Updated PIA Guidance
The UK Information Commissioner's Office has published its updated Privacy Impact Assessment (PIA) Code of Practice to help organisations comply with their data protection law obligations when they change the way that they use personal data. Read More
ITALY—Garante Addresses Medical Research, Welfare Positions Issues
The Garante, Italy’s Data Protection Authority (IDPA), has released three decisions related to research and a register of welfare positions.

Read More
ITALY—Garante’s Provision on Mobile Payment Services
On December 12, 2013, the Italian Data Protection Authority (Garante) issued a draft general provision on the processing of personal data in the context of mobile remote payment services. This new provision sets the rules for the processing of information about users who purchase digital services and products and pay for them remotely via their phone bills. Read More
ITALY—Garante Addresses Medical Research, Welfare Positions Issues
The Garante, Italy’s Data Protection Authority (IDPA), has released three decisions related to research and a register of welfare positions. Read More
New No-Fax Rules Addressed at IAPP Audio Conference (December 10, 2006)
BNA's recent news coverage of the IAPP Audio Conference on the Junk Fax Prevention Act Implementation strongly suggests that those who engage in fax advertising must fully understand and comply with the FCC's new no-fax rules.
TRUSTe Launches Trusted Download Beta Program to Certify That Consumer Software Is Not Spyware (December 1, 2006)
Microsoft, AOL, CA, CNET Networks, Verizon and Yahoo! support TRUSTe's efforts to provide market incentives and enforcement.

TRUSTe and sponsors representing leading content and search providers, anti-spyware vendors and online advertisers have announced that software publishers may begin submitting requests to join the Trusted Download Program, a program to certify consumer downloadable software programs.
Hunton & Williams Grows London Office with New Hire (December 1, 2006)
London data protection, outsourcing and IT lawyer Bridget Treacy is joining Hunton & Williams LLP as Partner in both its Global Technology and Outsourcing and Privacy and Information Management practice groups.

Treacy, who will be based out of the firm's London office, will play a leading role in the expansion of the firm's global sourcing and data protection practice areas, especially with UK-based enterprises and financial institutions.
Cline Leaves Carlson to Start Own Privacy Consultancy (December 1, 2006)
After six years serving as the travel and leisure conglomerate's first chief privacy officer, IAPP member Jay Cline is launching his own firm, Minnesota Privacy Consultants.

"I want to help make the Twin Cities the best place in America for privacy," Cline told the Advisor. "We have the right culture here to make privacy one of our community values."
ISC2 Names First Recipient of 'Rising Star' Award for Innovation, Leadership (December 1, 2006)
The International Information Systems Security Certification Consortium (ISC)2®, the non-profit global leader in educating and certifying information security professionals throughout their careers, has named Kristin Parker, CISSP, of Booz Allen Hamilton its Rising Star Award winner at the Information Security Executive (ISE) National Awards at the CSI Executive Retreat in Orlando, Florida.
Intel Announces Open-Style License to Preserve Information Privacy (December 1, 2006)
Intel is offering an open-source-style license after consulting with a group of privacy law experts, according to the company's Web site.

The open-source licensing model was developed in conjunction with Intel's release of a location-aware software platform.
InformationWeek Turns to the IAPP Board for Privacy Expertise (December 1, 2006)
InformationWeek's John Soat knows where to call when it comes to finding experts to comment on the best ways for companies to approach privacy.

The IAPP Board President and two board members were among the expert privacy sources Soat tapped for his Nov. 20 cover story, "Privacy: The Problem That Won't Go Away."
Reporters Dial-In For Privacy Predictions With the New Congress (December 1, 2006)
Eager for an expert assessment on how the new political landscape in Washington will likely impact privacy and security legislation, reporters dialed in for the IAPP's well-attended Nov. 16 audio conference, "Privacy, Security and the New Congress: What to Expect in 2007."

Among the ink that the IAPP received for the audio conference, which was co-sponsored by (ISC)2 and Larstan's Black Book Series, was Greg Piper's lead story in the Nov. 20 edition of Washington Internet Daily. Other reporters who listened in were Don Alpin of BNA's Privacy & Security Law Report, Theresa Defino of the AIS Report On Patient Privacy and Cory Levine of Wall Street & Technology.
VIEWPOINT - Security and Privacy Challenges in the Decade Ahead (December 1, 2006)
Predicting security and privacy challenges 10 years ahead is a daunting task, and one almost certainly doomed to failure. So I thought it might be more useful - as well as safer - to identify six issues proving problematic today, and that I believe are going to be even more vexing in the future.
California Security Freeze Act Decision Could Set the Stage for Constitutional Challenges in Other States (December 1, 2006)
A California Court of Appeal decision issued October 30, 2006, could have a dramatic impact on the constitutionality of more than 20 other state credit freeze laws that lawmakers and consumer advocates have touted as a mainstay of prevention against identity theft.

The court, in the case of The U.D. Registry, Inc. v. The State of California, ruled that California's Security Freeze Act violates the First Amendment because it precludes credit reporting agencies from reporting information contained in public records, including court files. Passage of Security Freeze Acts has been the centerpiece of the Consumers Union's National Financial Privacy Now campaign. In fact, the California Security Freeze Act's provisions are similar to the statutory language the group recommends for other states considering freeze legislation. Given its constitutional dimensions and California's leadership on privacy issues, the decision is certain to have repercussions throughout the U.S.
Notes from the Executive Director (December 1, 2006)
The IAPP, in conjunction with the (ISC)2, recently held a well-attended audio conference with leading experts to assess the political changes in Washington after the election last month and what the changing political landscape means for privacy and security legislation.

At the end of the 90-minute discussion, one thing was clear: even the experts don't agree on what potential action is likely under Democratic control in Congress. The opinions ranged from no legislation to relatively quick action on federal breach notification and pretexting bills.
KnowledgeNet (December 1, 2006)
Boston's chapter of the IAPP KnowledgeNet welcomed a new team of co-chairs during the summer. Agnes Bundy Scanlan, CIPP, counsel with the Boston office of law firm Goodwin Procter LLP and an IAPP board member; Joan Quinn, privacy manager at Bank of America; and Mike Spinney, CIPP, principal of the communications firm SixWeight constitute the Boston chapter's new team.
The Chapell View - The 411 on Targeting Ads to Cell Phone Users (December 1, 2006)
One of the most cited features of mobile phones is just how personal they are. Mobile devices are frequently used, rarely shared and often carried with consumers wherever they go - a recipe unmatched by most other forms of media. But just how adept are mobile marketers at using personalization?
An Interview with An Expert on Digital Privacy from an Anthropology Perspective (December 1, 2006)
A Q&A discussion providing an interesting perspective on the very roots of privacy.

Featuring: Lauren Steinfeld, as moderator, Chief Privacy Officer with the University of Pennsylvania and IAPP board member, and Douglas Raybeck, Professor of Anthropology from Hamilton College.
Networking Abounds During IAPP Privacy Dinner (December 1, 2006)
The IAPP's Privacy Dinner held last month at The Willard Hotel was closed to the media, but it did not escape attention.

Dave Morgan, Chairman of Tacoda, was a guest at the IAPP's networking dinner, which gathered Federal Trade Commission Chairman Deborah Platt Majoras, top CPOs, regulators, attorneys and consultants. Morgan mentioned the import of the dinner in a column that ran Nov. 9 in MediaPostPublication's OnlineSPIN.