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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.
IAPP launches new certification: CIPM (March 8, 2013)
Yesterday at the IAPP’s Global Privacy Summit, the organization launched a companion certification to its long-standing CIPP: the Certified Information Privacy Manager.
FRANCE—First Feedback from the CNIL on Albrecht’s Report (March 1, 2013)
The French Data Protection Authority (CNIL) expressed positive views on Rapporteur Jan Philipp Albrecht’s pre-report, in particular in the changes brought with regard to the position of data protection authorities (DPAs).
ITALY—The Garante Releases 2012 Enforcement Balance (March 1, 2013)
The Garante has released the 2012 balance of its enforcement activities carried out with the help of a specific body of the Italian Tax Police, the so-called "Nucleo Speciale Privacy Guardia di Finanza.”
ITALY—Skype Explains Account-Closing Procedure (March 1, 2013)
Skype will enhance account-closing procedures, it has ensured the Italian Data Protection Authority (Garante) in response to the authority’s request for explanations regarding the reasons why Italian users meet so many difficulties when deciding to close their accounts.
Westin’s Privacy Scholarship, Research Influenced a Generation (March 1, 2013)
Alan Westin, a groundbreaking scholar of information privacy who helped influence a generation of privacy study and the privacy profession itself, passed away Monday, February 18, at the age of 83. Indiana University Prof. Fred Cate described his passing as “especially hard to come to grips with because he was such a larger-than-life figure who not only helped to create and define the modern field of privacy law but welcomed, included and mentored so many of us who followed in his giant footsteps.”
Albrecht Report on the Proposed EU Data Protection Regulation Revisited (March 1, 2013)
The draft report on the proposed EU General Data Protection Regulation released on 8 January has provoked much criticism and debate. The report, prepared by Green MEP Jan Philipp Albrecht, the rapporteur for the Civil Liberties, Justice and Home Affairs (LIBE) Committee of the European Parliament, has been welcomed by some—including European Commissioner Viviane Reding and the French Data Protection Authority, whereas strong criticism has been voiced by industry.
Privacy Law and History: WWII-Forward (March 1, 2013)
During the war, there were vast intrusions in the privacy…typically under the guise of national security. But in certain situations, these intrusions went far beyond the needs to protect the respective nations against espionage and other such acts. A German Constitutional Court case would set the boundaries for later post-war data privacy safeguards for the country and consequently Europe and all those countries subsequently affected by exporting of European privacy law principles—or data—around the world.
How To Prepare for, Respond to and Manage Breaches (March 1, 2013)
Breaches, lapses, incidents. They are going to happen, and they are going to happen to you. How you prepare will make a huge difference both mid-crisis and post-crisis. Experts Emily Stapf, director of cybercrime and forensic investigations at Pricewaterhouse Coopers; Mark Seifert of Brunswick Group, and Tim O’Brien of the FBI’s cybercrime division focus on the reality that organizations must shift from the mindset that breach preparedness is important because a breach might occur and understand it is important because a breach will occur.
Brazil's New Law Is Not Tough Enough To Fight Electronic Crimes (March 1, 2013)
After 15 years of discussion, Brazil's government has enacted a law that typifies computer-related crimes and covers important issues such as electronic device invasion, unauthorized remote access and interruption of web services. This article intends to analyze some aspects of the long-awaited law.
Significant Amendments to the Hungarian Privacy Act Expected; New Opinion Issued by the Hungarian Data Protection Agency (March 1, 2013)
The president of the Hungarian National Agency for Data Protection and Freedom of Information, Attila Péterfalvi, has announced that the Hungarian Privacy Act will be significantly amended by end of June in order to make it consistent with the EU Data Protection Directive, recent European case law and current privacy trends. While the new Hungarian Privacy Act has been in force for more than a year, certain key aspects of Hungarian DP legislation remained unchanged. The agency has also issued a long-awaited opinion on the electronic surveillance of employees.
New Privacy Requirements for Direct Marketing—Are You Compliant? (March 1, 2013)
Part VIA of the Personal Data (Privacy) Ordinance (Cap. 486) (PDPO) sets out new direct marketing requirements. Part VIA will tentatively commence on 1 April. In anticipation of Part VIA commencing, the privacy commissioner for personal data (PCPD) has issued a Guidance Note on Direct Marketing. The guidance note will take effect when Part VIA commences.
Poland’s New Rules on Notification of a Data Breach Take Effect in March (March 1, 2013)
Until recently, under the Polish legal framework it was not necessary to report a personal data breach to data subjects or the Polish Data Protection Authority (DPA). Cases of data breaches were analysed ad-hoc by the regulator by sending its officers to the data controllers’ seat—or any other entity—and verifying the security measures and internal procedures that were implemented. The law was partially amended by the implementation of new rules by an act of 21 December 2012 on the change of the telecommunications law and other legal acts. Changes related to data breaches will enter into force by 22 March.
Apps Gone Wild? The FTC and California AG Seek To Rein In Mobile App Privacy Practices (March 1, 2013)
Industry-wide, whether they are fun games, serious tools or educational resources, mobile apps continue to access, collect and use private data stored on smart devices while customers remain largely ignorant of and disempowered by these practices. Key reports issued this winter, coupled with recent enforcement actions, suggest that regulators are ready to insist that they and consumers no longer be subjected to these unpleasant revelations.
UK—Sony Fined £250,000 for Data Security Breach (March 1, 2013)
The ICO has issued Sony Computer Entertainment Europe Limited (SCEE) with a monetary penalty notice of £250,000 after finding the company had failed to implement sufficient measures to prevent distributed denial of service attacks that compromised the personal information of its customers.