Changes to the European Union E-Privacy Directive

March 1, 2010
The European Parliament approved the long-awaited amendments to the Directive on Privacy and Electronic Communications (e-Privacy Directive) In November 2009. The amendments, which are causing a stir in the world of online advertising, will be implemented in the 27 EU Member States by mid-2011.

French courts clarify rules governing implementation of whistleblowing systems

March 1, 2010
Two recent decisions issued by a French Tribunal of First Instance (Caen Tribunal of First Instance, Interim Decision, 5 November 2009) and by the French Supreme Court (Cour de Cassation, 8 December 2009) have brought whistleblowing and the implementation of ethics helplines in French companies to the forefront of the nation’s conversation on data protection.

New security breach notification requirements under amended E-Privacy Directive

March 1, 2010
The Council of the European Union approved the so-called Telecom Reform Package on October 26, 2009, providing for an overhaul of Directive 2002/58/EC on privacy and electronic communications (OJ L 201, 31.7.2002, p.37) (E-Privacy Directive). It was published in the Official Journal of the European Union on December 18, 2009. The new E-Privacy Directive contains a number of important amendments.

10 in 2010: A Chat with Jennifer Barrett

March 1, 2010
In our continuing series to celebrate the IAPP’s 10-year anniversary, this month we look back at the early days of the privacy profession with Jennifer Barrett. Widely considered the first person to hold the title of chief privacy officer, Jennifer has been heading up privacy efforts at Arkansas-based databroker Acxiom Corp for almost 20 years.

THE YEAR AHEAD: PRIVACY PREDICTION 2010

January 1, 2010
At the end of each year, the Privacy Advisor polls professionals worldwide to find out what they see in the year ahead for privacy and data protection. In this first issue of 2010, we present their forecasts. We begin with that of Canadian Privacy Commissioner Jennifer Stoddart.

Managing global data privacy

January 1, 2010
Successive revolutions in information technology raise new challenges, risks, and opportunities for consumer privacy protection. Perhaps the most basic question is how these new technologies are changing the actual practices of companies in processing personal information. After all, emerging technologies can make legal regulations obsolete or out-of-date. The consequences can be ineffective regulation and a waste of corporate resources without meaningful protections for consumer privacy.

Privacy and pandemic planning: a few prudent considerations for organizations

January 1, 2010
As the international community readies itself for a second wave of the H1N1 flu pandemic, wise organizations are brushing off their business continuity plans (BCPs) and reviewing their applicability to a different kind of threat. Unlike traditional business continuity or disaster recovery planning, pandemic planning requires management for a prolonged but unidentified period of time rather than for the single risk event that traditional business continuity planning tends to focus on.

The Lisbon Treaty and data protection: What’s next for Europe’s privacy rules?

January 1, 2010
The Lisbon Treaty entered into force on December 1, 2009. This agreement substantially overhauls the EU’s legal bases, the Treaty on European Union (TEU), and the Treaty Establishing the European Community (EC Treaty), the latter of which is renamed the Treaty on the Functioning of the European Union (TFEU).

New international privacy principles for law enforcement and security

January 1, 2010
Cross-border data flows have long been a subject of global dialogue. In the late 1970s, the Organization for Economic Cooperation and Development (OECD) and the Council of Europe began to explore cross-border transactions, with OECD issuing the Guidelines on the Protection of Privacy and Transborder Flows of Personal Data in 1980, and the Council of Europe issuing the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data in 1981.

U.S. FTC holds first of three privacy roundtable events and signals policy shift

January 1, 2010
The Federal Trade Commission (FTC) held the first in a three-part series of one-day roundtable meetings focused on privacy on December 7, 2009, in Washington, DC. These events are designed to bring together a variety of participants from industry, consumer advocacy organizations, trade associations, think tanks, academia and elsewhere, each with a strong interest in helping to shape the commission’s approach to privacy regulation and enforcement.

A look at Bill 54

January 1, 2010
During the past years, a number of Canadian privacy laws have been undergoing statutory review. A review of the federal Personal Information Protection and Electronic Documents Act (PIPEDA) commenced in the fall of 2006, a review of the Alberta Personal Information Protection Act (AB PIPA) commenced in 2007 and a review of the British Columbia Personal Information Protection Act (BC PIPA) began in 2008.

E-Discovery in Asia/Pacific: U.S. litigation exposure for Asian companies

December 1, 2009
Due to expansive rules on discovery, jury trials and the size of damage awards, plaintiffs worldwide would choose to bring their claims, if possible, in U.S. courts.

The ethics of “Googling” someone

December 1, 2009
Just because you can “Google” someone, should you? This is a good question for the U.S. Federal Trade Commission, which is re-examining privacy during a series of roundtable events this winter.

‘Dear valued customer, we regret to inform you that your data has been compromised…’

December 1, 2009
Paving the way for new standards in data security, on October 26, 2009, the Council of the European Union approved the directive amending Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (the Directive).

Disclosure of subscriber information by Internet service providers

December 1, 2009
A number of recent court decisions have discussed the matter of Internet service providers (ISPs) providing law enforcement with subscriber information (SI) absent a court-issued warrant or subpoena.

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