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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.
The Year’s Top 10 Stories in The Privacy Advisor (December 20, 2013)
While this may have been the year of Edward Snowden, it’s not surprising here in the IAPP offices to see that the year’s top stories focused on the practical aspects of privacy. But there was quite a bit of news, wasn’t there?
Striking the Balance—Privacy versus Security and the New White House Report (December 19, 2013)
The Snowden revelations have had a significant impact on trust in the government, international relations and how we view privacy. On December 18, a Presidential Commission released a report reviewing the government surveillance program in the aftermath of the Snowden disclosures.
ITALY—DPA Resolution Provides More Protection for Traffic Data (December 17, 2013)
With many concerns about the management of both telephone traffic data and electronic communication traffic data retained for justice purposes, by means of a first resolution, the Italian Data Protection Authority (Garante) has forbidden certain unlawful data processing to a foreign company by prescribing to the latter a set of technical and organizational measures.
Federal Judge Rules NSA Phone Metadata Collection Program Likely Unconstitutional (December 17, 2013)
A federal judge has ruled that the U.S. National Security Agency’s phone metadata collection program is likely unconstitutional, Politico reports. U.S. District Court Judge Richard Leon, an appointee of former President George W. Bush, said the program appears to violate the Fourth Amendment and the Justice Department has not successfully demonstrated that the program has thwarted terrorism. This roundup looks into the ruling and gathers together media reactions.
Ten Years and Two Terms Later, A Look at Peter Hustinx’s Legacy (December 17, 2013)
European Data Protection Supervisor (EDPS) Peter Hustinx’s second five-year term ends this month, and a new leader will soon be appointed. It is worth taking time to note that those who live and breathe European data protection nearly universally agree Hustinx leaves behind both a sterling reputation and an agency that’s evolved into an influential and highly respected supervisory authority since its establishment in 2004. In this exclusive, Angelique Carson, CIPP/US, speaks with Willem Debeuckelaere, Chris Doxsey, Dimitrios Droutsas, Sophie in ‘t Veld, Billy Hawkes, and Christopher Wolf about the legacy Hustinx leaves behind and the shoes his successor will have to fill.
CPO, Activist, Former NSA Counsel Square Off at DPC (December 17, 2013)
The most fiery discussion at the IAPP Data Protection Congress in Brussels came during its final session, with IAPP VP of Research and Education Omer Tene doing his best to referee a conversation between former NSA General Counsel Stewart Baker, anonymous Internet platform Tor’s Jacob Appelbaum, Vodafone CPO Stephen Deadman and Ralf Bendrath, policy advisor to German MEP and Data Protection Regulation Rapporteur Jan Philip Albrecht. Publications Director Sam Pfeifle details some of the highlights from the session, “Have You Been NSA’d? Government Access and the New EU Regulation.”
THE NETHERLANDS—Dutch DPA Gets Power To Fine (December 12, 2013)
Dutch Data Protection Authority (CBP) Chairman Jacob Kohnstamm told the audience of the National Data Protection and Privacy Conference in Rotterdam on December 11 that his office will get the power to fine organizations in both the public- and the private-sector for violations of the Dutch Personal Data Protection Act (WBP). The fine could be as high as 780,000 euros, or about U.S. $1 million, per violation.
Keynote: Forget Notice and Choice, Let’s Regulate Use (December 12, 2013)
There are few privacy principles more generally ingrained than the ideas of notice and choice for consumers. However, said Viktor Mayer-Schönberger from the IAPP Data Protection Congress keynote stage, “The naked truth is that informational self-determination has turned into a formality devoid of meaning and import.” He suggests that rather than giving up on privacy, “what we need is a new protection mechanism. A paradigm adjustment to ensure privacy in the age of Big Data.”
EU, U.S. Officials Indicate Potential Privacy Agreement at Data Protection Congress (December 11, 2013)
The keynote stage at the IAPP Data Protection Congress in Brussels became a diplomatic back-and-forth as Constantijn van Oranje-Nassau, Head of Cabinet of Vice-President of the European Commission, Commissioner for the Digital Agenda Neelie Kroes, delivered the European Commission’s view of data protection and then was followed by an address from U.S. Federal Trade Commissioner Julie Brill. Reading between the lines, writes Publications Director Sam Pfeifle, there were reasons to be encouraged that Safe Harbor and the free flow of data between continents will continue.
Top Six Inadequacies Found During Privacy Audits (December 10, 2013)
Would you be able to guess the top six failure points found in Osborne Clarke’s last 20 privacy audits? At the IAPP Europe Data Protection Congress, that is exactly what attendees were tasked with doing, in a Family Feud/Family Fortunes
-style challenge of determining just what the “Survey says.” Publications Director Sam Pfeifle details just what the top failure points highlighted during the “Audit Programmes” session were—noting some of the results were not what attendees expected.
Where Things Stand Now (December 5, 2013)
Reforming the outdated EU legislative framework governing data protection was always going to be a daunting task.
Big Data Jobs Board Sees Privacy Jobs Growing Fastest (December 4, 2013)
While Big Data jobs are growing at a 26-percent clip, privacy jobs as a subset of those Big Data roles are growing even faster. Such are the findings at iCrunchData.com, a Big Data-focused jobs board that this year has begun tracking Big Data positions throughout the entire U.S. through its Big Data Jobs Index.