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Global Privacy Dispatches
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.
ITALY—Garante Releases Enforcement Activity Report
The Garante, the Italian Data Protection Authority (IDPA), has released information on enforcement activity in Italy in 2013 and its relevant plan of inspections for the first semester of 2014.
CANADA—Anti-Spam Legislation To Come Into Force
After much discussion and consultation on the accompanying Regulations, Canada’s anti-spam legislation is about to take full effect. While the CRTC had previously published its regulations on March 28, 2012, the Electronic Commerce Protection Regulation was finally published on December 4, 2013.
UK—Government Department Fined 185,000 GBPs After Terrorist Incident Data Sold at Auction
A government department has been fined after a filing cabinet containing personal information relating to victims of a terrorist incident was sold at auction.
NEW ZEALAND—Privacy Reflections/Predictions for 2014
The high-profile privacy breaches of 2012-13 have shed an unprecedented light on personal information in New Zealand. Outgoing Privacy Commissioner Marie Shroff is leaving the role at a time when protecting personal information, a cause she has actively championed over the past 10 years, is at the forefront of public awareness and is top-of-mind for policy analysts, legislators and businesses alike.
NEW ZEALAND—Will the Tide Turn in 2014?
Last year was not a good one for New Zealand privacy-wise. While Australia forged ahead enacting legislation covering issues such as cross-border controls for personal data and introducing measures to implement breach notification, the government in New Zealand, by contrast, has been dragging its feet and instead adopted a raft of measures diminishing existing privacy protections. This article briefly reviews developments in New Zealand in 2013 and ventures some predictions as to what may lie in store in 2014.
AUSTRALIA—Australia Legislates for Privacy by Design
In March, Australia will be overhauling its privacy laws. One of the key features of the new regime means Australia will become one of the first jurisdictions to effectively legislate for the concept of Privacy by Design.
Nugg.ad Receives Privacy Seal for PTN Product (November 1, 2009)
The German-based nugg.ad has received the European Privacy Seal—EuroPriSe—for its Predictive Targeting Networking (PTN) product. An independent certification body issues the EuroPriSe trustmark to IT products and services deemed to be “privacy respecting.”
Hyatt has Approvals on BCRs (November 1, 2009)
The UK Information Commissioner’s Office (ICO) has authorized Hyatt to use BCRs, which are legally binding regulations that demonstrate a company’s capacity to transfer data across borders safely. The approval lets Hyatt transfer and share personal data within the company without having to use other legal instruments, such as model contractual clauses.
Commissioners’ resolution on PHRs (November 1, 2009)
From their semi-annual meeting in St. John’s, Newfoundland in September, the privacy commissioners of Canada resolved to take measures to ensure that personal health records (PHRs) encompass the highest privacy standards. “Now is the time to build components of PHRs that enhance patient privacy and control,” the commissioners stated in a document describing the points of the resolution—The Promise of Personal Health Records—outlined here:
Toolkit to help small, midsized businesses (November 1, 2009)
Eileen Harrington (November 1, 2009)
Eileen Harrington is the new chief operating officer of the Small Business Administration.
2009 Australian Privacy Awards (November 1, 2009)
The Office of the Privacy Commissioner of Australia will announce the winners of the 2009 Australian Privacy Awards and Privacy Medal at a gala dinner on November 12 featuring a keynote address by Senator the Honorable Joe Ludwig. The awards recognize good privacy practices among businesses, not-for-profit organizations, and government agencies. Of this year’s award finalists, Privacy Commissioner Karen Curtis said many “have adopted innovative approaches to compliance and have embedded privacy as a core value in their activities.”
2009 Privacy Innovation Awards (November 1, 2009)
Hewlett Packard and the International Association of Privacy Professionals announced the 2009 Privacy Innovation Award winners at the IAPP Privacy Dinner in Boston in September.
Conservative party takes on ‘surveillance state’ (November 1, 2009)
The UK will soon be gearing up for its General Election, which must take place before June of next year. Not surprisingly, data security and privacy will be a battleground topic.
Privacy aspects of Internet rating Web sites (November 1, 2009)
In a landmark judgment in June, the German Federal Court of Justice generally approved of an online platform that allows pupils to evaluate their teachers. In its verdict, the court also clarified the privacy requirements to be met by the operators of such platforms.
Biometric weapon against exam fraud (November 1, 2009)
The French Data Protection Authority (CNIL) has granted approval for the testing company GMAC (Graduate Management Admission Council) to use biometric technology in France to control access to examination centers for the GMAT test used for student selection by business schools around the world.
Global Privacy Dispatches - Canada (November 1, 2009)
The Office of the federal Privacy Commissioner (OPC) recently released a Report of Finding under the Personal Information Protection and Electronic Documents Act—PIPEDA Case Summary #2009-010—in which the assistant privacy commissioner investigated a complaint involving the use of deep packet inspection (DPI) by an Internet service provider.
French Data Protection Authority Issues New Guidelines (November 1, 2009)
Pursuant to the Article 29 Working Party’s guidelines on pre-trial discovery for cross border civil litigation issued in February of this year, the French Data Protection Authority (CNIL) recently adopted similar guidelines for companies based in France that transfer personal data to the U.S. in the context of civil proceedings. These guidelines are generally in line with those of WP 29, although the CNIL does address pre-trial discovery in light of French rules of civil procedure. French civil procedure requirements apply regardless of data protection requirements.
E-Discovery in Asia/Pacific: Litigation Readiness for Asian Companies (November 1, 2009)
This is the first article of a three-part series exploring litigation exposure and readiness for Asian companies. Part two of the series will explain how non-U.S. companies, particularly those based in the Asia/Pacific region, can analyze and deal with the risks of U.S. litigation exposure to pre-trial discovery data requests. Due to expansive rules on discovery, jury trials, and the size of damage awards, plaintiffs worldwide choose to bring their claims in U.S. courts. So it is important that non-U.S. companies consider their exposure to U.S. litigation.
EuroPriSe - the New European Privacy Certification (November 1, 2009)
What began as a pilot project in 2007 is now up and running under the management of the data protection authority (DPA) of Schleswig-Holstein, Germany’s northernmost state, in partnership with the DPAs of Madrid (Agencia de Protección de Datos de la Communidad de Madrid) and France (Commission Nationale de l’Informatique et de Libertés, or CNIL), among other entities. Backed by European Commission funding, the European Privacy Seal (the Seal) for IT-products and IT-based services lets companies doing business in the European Union (EU) demonstrate privacy compliance.