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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.
Israeli privacy update: Landmark case establishes guidelines for monitoring employee online activity (December 5, 2011)
Employee e-mail use policies usually grant employers wide-ranging powers to monitor and review employees' Internet usage and e-mail correspondence. According to a recent major decision by the Israeli National Labor Court, however, this situation is likely to dramatically change, and generic, sweeping or vague Internet use policies of employers will no longer be allowed. In this privacy update, we review the court's decision and the new guidelines for monitoring and examining the content of employee e-mail and online activity.
Notes from the IAPP President (December 1, 2011)
The year 2011 wanes, but data privacy developments do not. In the coming weeks, we expect to see a final draft of the U.S. Department of Commerce green paper on the topic; a final draft of the U.S. Federal Trade Commission whitepaper on the topic, and the final draft of the revised EU Data Protection Directive. The release of each of these documents is highly anticipated and bound to spark great discussion and debate among those in the field.
HIPAA/HITECH update: The waiting is the hardest part (December 1, 2011)
As we approach the three-year mark since the passage of the Health Information Technology for Economic and Clinical Health Act (HITECH) and still do not have most of the regulations implementing the privacy and security provisions of this law, the simple passage of time by itself is creating confusion and ambiguity in the healthcare industry. What are the important issues on the horizon, and what should companies be doing now?
Consumer data privacy concerns persist in smart grid plans (December 1, 2011)
Utilities around the world are increasingly deploying smart meters to customer households as regions prepare to shift their energy infrastructure to digital smart grids, a move that will revolutionize the way utilities and consumers measure and monitor electricity usage. But the shift creates space for potential dangers as well as opportunities when it comes to privacy and security, and though much progress has been made in the last year or so, questions remain—especially when it comes to the granular customer data that smart meters will provide and what may or may not be done with that data.
Singapore’s do-not-call registry consultation paper (December 1, 2011)
On 13 September, the Ministry of Information, Communications and The Arts (MICA) released a public consultation paper on the proposed consumer data protection regime. The paper included the question of whether Singapore should also set up a do-not-call registry (DNC), and the overwhelming indication was that Singapore needs such a registry.
Perspective: Should lawyers restrict controversial social media postings? (December 1, 2011)
Recently, Jill Filipovic, a litigation associate at a major New York law firm, caused a minor media sensation with a post to Twitter—@JillFilipovic, October 24. On arrival in Dublin, Ireland, on a flight from the United States, she discovered in her bag a note from the Transportation Security Administration (TSA) that read, “get your freak on girl,” apparently referring to a sex toy in her luggage.
The California Office of Privacy Protection: 10 years on the frontlines of privacy (December 1, 2011)
A quick glance at the world 10 years ago reveals a landscape drastically different from that of today. Not only was 2001 a year that saw the seismic events of 9/11, it was a time preceding social networking sites, smartphones and electronic health records--and with that, a time preceding issues like cyberbullying, online behavioral advertising and facial recognition technology.
GERMANY—New Telecommunications Act passed with amended data privacy rules (December 1, 2011)
On 27 October, the German Parliament (Bundestag) adopted an amendment to the Federal Telecommunications Act (Telekommunikationsgesetz—TKG). By virtue of this amendment, several EU directives are implemented into German telecommunications law. The amendments include some remarkable changes to the data privacy rules for telecommunication service providers.
UK—ICO releases new form for organisations to report data breaches (December 1, 2011)
The UK Information Commissioner’s Office (ICO) has produced a new form for organisations to report data breaches. While public electronic communications service providers are required to notify the ICO of personal data security breaches, currently there is no obligation on other businesses to do so under UK law.
UK—ICO calls for compulsory audit power to be extended (December 1, 2011)
At the 10th annual data protection compliance conference held in London, the information commissioner made clear that compulsory audits are needed in local government, the health service and the private sector.