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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.
GERMANY: Federal Constitutional Court refuses to accept constitutional complaint against teacher-rating Web site www.spickmich.de (October 25, 2010)
On August 16, 2010, the Federal Constitutional Court refused to accept the constitutional complaint of a teacher against the decisions of lower German courts regarding the permissibility of the teacher-rating Web site www.spickmich.de (Az. BvR 1750/09). On this Web site pupils can rate their teachers and give marks. The Federal Court of Justice decided earlier that the publication of teacher ratings on this Web site was in compliance with German privacy rules. This ruling has now been confirmed by the unanimous decision of the German Federal Constitutional Court.
How will privacy apply to apps? (October 1, 2010)
Critics of Apple’s policy to keep its criteria for third-party applications close to the vest were assuaged last week when the company revealed its guidelines. The App Store Review Guidelines include provisions on trademarks, data aggregation, user interfaces, violence, pornography and privacy. Apple published the rules in order to help developers “steer clear of issues as they develop apps” and to be sure users have a quality experience with the company’s products, according to the published guidelines.
Notes from the IAPP President (October 1, 2010)
I write these words from Baltimore, Maryland, where it is sunny and hot on this early autumn day. Data protection pros are streaming in from near and far for this year’s Privacy Academy.
The Protection of Personal Information Bill, 9 of 2009 (October 1, 2010)
South African organizations have, for some time, inhabited a data protection law haven. Whilst the right to privacy is enshrined in the Constitution of South Africa, legislation that gives practical credence to such right and a regulator to govern and administer corresponding data protection and privacy practices has been absent. That’s about to change.
Privacy law and order: Are there too many cops on the beat? (October 1, 2010)
There’s no question that there are more privacy cops on the beat in the U.S. than ever before, with regulators such as the Federal Trade Commission (FTC), Federal Communications Commission (FCC) and Department of Health and Human Services—just to name a few—all responsible for portions of privacy regulation and enforcement.
Sharing and transferring personal data in cross-border transactions—A Nordic Perspective (October 1, 2010)
Technological developments and globalization in business, combined with privacy rules, bring new challenges to lawyers assisting companies in cross-border transactions. Even though technology enables us to transfer personal data very quickly and easily to the other side of the world, privacy rules make the actual transfer more complex and compel us to follow specific procedures prior to transferring any personal data.
GERMANY: Constitutional complaint against German census 2011 (October 1, 2010)
Germany will participate in the EU-wide population census scheduled for 2011. An EU regulation of July 9, 2008 obliges the Member States of the European Union to collect data by means of a fixed catalogue of characteristics, in the year 2011.
GERMANY: Guidelines for a modern data protection law (October 1, 2010)
On March 18, 2010, the summit of the highest data protection authorities in Germany passed guidelines for a modern data protection law for the twenty-first century. The guidelines are intended to form a basis for discussions on a major reform of the existing German privacy laws.
ITALY: Garante plans more than 250 inspections (October 1, 2010)
The Italian Data Protection Authority (the Garante) has announced its audit plan for the second semester of 2010. Officials will carry out more than 250 inspection checks in collaboration with the Italian Fiscal Police. The audits will target community registries, marketing databases, government departments and other entities that handle sensitive personal information.
SINGAPORE: Recent data privacy developments in Asia-Pacific (October 1, 2010)
Two developments in Asia-Pacific (APAC) region relating to the protection of personal data are worth noting. Malaysia passed the Personal Data Protection Act (2009) in April, and the Asia-Pacific Economic Cooperation created the Cross-Border Privacy Enforcement Arrangement in July.
Guidance now available on establishing a federal privacy office (October 1, 2010)
Two new publications offer guidance to federal personnel seeking to establish or streamline a privacy office: Best Practices: Elements of a Federal Privacy Program
, by the Federal CIO Council Privacy Committee, and the Guide to Implementing Privacy
by the Department of Homeland Security (DHS) Privacy Office, the first statutorily mandated privacy office in the federal government.
Privacy papers for policy makers (October 1, 2010)
The Future of Privacy Forum (FPF) has released its journal, Privacy Papers for Policy Makers
, a collection of expert-written papers on emerging privacy issues. The journal is intended to help inform federal and state policy makers about data privacy issues.
Deadline for The Privacy Projects’ winter competition is Oct. 29 (October 1, 2010)
The Privacy Projects (TPP) has announced that proposals for its Winter 2010 Research Grants competition are due October 29. Awards range from $25,000 to $100,000 per project. TPP, which lists the goal of its grant program as advancing “practical and effective research relating to information and privacy governance to inform the transition we believe is underway from traditional regulatory models to emerging frameworks of demonstrated accountability and responsibility,” is seeking proposals addressing practical challenges with real-world solutions.
10 in 2010: A Chat with John Kropf (October 1, 2010)