India: Implications of the new information technology rules

July 1, 2011
India has recently extended its information technology laws to embrace wider data privacy issues. These new regulations will have some impact on those outsourcing to India, but will be more significant for those conducting business in India. Set out here is a summary of the key changes brought about by these laws along with some of the issues that they raise.

Privacy software to protect patient records

July 1, 2011
What’s the best way to protect people’s personal health information (PHI) while using the data to benefit society? That’s a crucial question for physicians and their patients, as well as for the epidemiologists, health researchers and public officials who rely on high-quality data to improve the delivery of healthcare, cure diseases and stop pandemics.

New theory of harm in data breach cases

July 1, 2011
In the United States, 515 million records have been lost in data breaches since 2005. Customers seeking recovery after the loss of their personal information in data breaches have not been successful in recovering damages if they are not victims of identity theft. This lack of success can be attributed to an inability to articulate a concrete or particularized harm. Despite past setbacks, customers continue to search for legal theories to hold companies accountable.

Address Verification Service and privacy: The effect of the California Supreme Court ruling upon sec

July 1, 2011
The nexus between privacy and the functioning of the electronic transaction payment space continues to increase. This article will address the current state of the Address Verification Services (AVS) within the context of the electronic payment system and the impact of the California Supreme Court in the Pineda v Williams-Sonoma case.

Forging a path into the privacy profession—one expert’s journey

July 1, 2011
As privacy becomes a more significant focus for businesses and governments across the globe, demand for privacy professionals grows more robust by the day. Responding to several data breaches, Sony appointed a chief information security officer to help provide accountability for its customers’ data protection. As part of its review of Google’s privacy policies, Canada’s Office of the Privacy Commissioner has recommended that the company increase employee privacy and security training. Additionally, U.S. legislators are flirting with a national privacy policy; the EU has enacted a strict cookie law, and countries around the world are producing privacy legislation, placing privacy-related jobs in higher demand.

Greetings

June 10, 2011
Two events in recent weeks have garnered much attention in data privacy and protection circles. The e-G8 Forum in Paris last month showcased the unprecedented attention being paid to data privacy at the highest levels.

Broadening definitions of personal data portend greater scope of concern for privacy offices

June 10, 2011
The privacy footprint is growing. From Sacramento to London and from Bonn to New Delhi, the definitions of personal data and sensitive personal data are expanding. For privacy offices and marketing departments, this means their 2011 agendas just got more crowded--and more intermingled.

Companies finding privacy strengths give a competitive edge

June 10, 2011
Just as a decade ago, the idea of online social networks connecting hundreds of millions of family members, strangers and friends across the globe in split seconds seemed far-fetched at best. Even search engines could not deliver today's at-a-click results to every imaginable query, and the thought of unlimited e-mail storage capacity in a virtual cloud was hardly the topic for discussion around the dinner table. Similarly, the phrase "online privacy" was not what the public was thinking about.

Notes from the IAPP President

June 1, 2011
There is perhaps no greater indication of the raised profile of data protection than the fact it is on the agenda of this week’s G8 Summit.

China issues data handling guidelines for public comment

June 1, 2011
What happens when you combine a few high-profile cases along with some cries for standards from the business community? Even the Chinese government gets interested in expanding personal privacy rights. While no one would mistake China as a pioneer in the area of personal data privacy protection, several efforts have been made in recent years—most notably changes to Chinese criminal and tort law. These developments have been able to fill some of the void resulting from previous failed attempts to adopt a comprehensive national law on data privacy.

Cloud computing privacy and data security: Domestic and international issues

June 1, 2011
With data storage costs plummeting, a great deal of information that was once stored on local computer hard drives is now being stored on remote servers, sometimes referred to as “clouds.” The term “cloud computing” has many meanings, but in general, it refers to the outsourcing of data processing functions to a group of servers connected via the Internet. Cloud computing offers the scalable use of information technology (IT) resources and facilities to save costs. In some cases, entire technological processes are transferred to the cloud; in others, cloud computing simply covers peaks in demand that overburden internal IT infrastructures.

Reducing social media risk

June 1, 2011
Social media is carrying more and more information of all kinds every minute—business and personal, helpful and harmful. The potential for serious consequences to an organization through private and privileged information being unleashed via social networking is increasing dramatically every day.

Notes from the IAPP President

May 1, 2011
A recent Privacy List inquiry sparked a great discussion among privacy pros about “what distinguishes a privacy professional.” Is the privacy professional “anyone working primarily in the fields of security, law, compliance, risk management, governance, records, etc. whose job supports consumer or employee privacy?” a member asked. “Or should it be more narrowly defined?”

A conversation with Commissioner Pilgrim

May 1, 2011
Australia’s privacy landscape is undergoing a transformation. The Australian Law Reform Commission has called for reforms including updating and redrafting the Privacy Act; strengthening and clarifying the privacy commissioner’s powers and functions, and enhancing privacy surrounding e-health and credit reporting data, among other provisions.

More details emerge on the future of EU data breaches

May 1, 2011
On April 5, 2011, the Article 29 Working Party adopted an opinion outlining its approach to data breaches (Opinion 13/2011 on the current EU personal data breach framework and recommendations for future policy developments). The Opinion examined the current status of the data breach framework within the European Union and highlighted points for cooperation and future policy developments on data breaches. These points include further action by the European Commission and the Working Party’s desire to extend the ePrivacy Directive’s data breach framework.

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