Data sharing: disclosure of partners required

December 1, 2009
In an answer to a query brought by the online magazine, the CNIL (the French data protection authority) clarified what should be considered “informed consent” (opt in).


December 1, 2009
The CNIL issued a recommendation to data controllers requested to transfer information to the U.S. in the framework of e-discovery proceedings. French legal requirements must be met including those resulting from the Hague Convention and from the Data Protection Act.

“Peer to peer law”— the status

December 1, 2009
As reported in the October issue of the Privacy Advisor (page 10), the law to fight against infringing downloads had to be modified in order to meet the requirements of the French Constitutional Court. Finding the new draft still unsatisfactory, some MEPs challenged it once more before the Constitutional Court.

Video-surveillance sanctioned

December 1, 2009
The CNIL issued a 10,000 euro fine to a street-ware business for using a permanent video surveillance system. The system, intended to protect the business against theft, was found not proportionate because it surveilled too many areas, including areas where no products were stored.

UK government consults on tough penalties for the misuse of personal data

December 1, 2009
The UK Government has launched a public consultation on whether to introduce prison sentences for those found guilty of offences related to obtaining, disclosing, or selling personal data.

Consumer watchdog scrutinises customised pricing based on online behaviour

December 1, 2009
The Office of Fair Trading (OFT) has launched two separate market studies into advertising and pricing. The first, into online targeting of advertising and prices, will cover behavioural advertising and customised pricing, where prices are individually tailored using information collected about a consumer's Internet use.

Notes from the Executive Director

December 1, 2009
Our first issue of the Advisor every year has always been about looking forward into the New Year. What will change in the privacy world? What new laws and regulations will challenge privacy pros? What major media stories—whether breaches, emerging technologies, or boundary-stretching business models—will strain our current tools for managing data? There are always more questions than can possibly be answered.

2009 Australian Privacy Awards

November 1, 2009
The Office of the Privacy Commissioner of Australia will announce the winners of the 2009 Australian Privacy Awards and Privacy Medal at a gala dinner on November 12 featuring a keynote address by Senator the Honorable Joe Ludwig. The awards recognize good privacy practices among businesses, not-for-profit organizations, and government agencies. Of this year’s award finalists, Privacy Commissioner Karen Curtis said many “have adopted innovative approaches to compliance and have embedded privacy as a core value in their activities.”

2009 Privacy Innovation Awards

November 1, 2009
Hewlett Packard and the International Association of Privacy Professionals announced the 2009 Privacy Innovation Award winners at the IAPP Privacy Dinner in Boston in September.

French Data Protection Authority Issues New Guidelines

November 1, 2009
Pursuant to the Article 29 Working Party’s guidelines on pre-trial discovery for cross border civil litigation issued in February of this year, the French Data Protection Authority (CNIL) recently adopted similar guidelines for companies based in France that transfer personal data to the U.S. in the context of civil proceedings. These guidelines are generally in line with those of WP 29, although the CNIL does address pre-trial discovery in light of French rules of civil procedure. French civil procedure requirements apply regardless of data protection requirements.

E-Discovery in Asia/Pacific: Litigation Readiness for Asian Companies

November 1, 2009
This is the first article of a three-part series exploring litigation exposure and readiness for Asian companies. Part two of the series will explain how non-U.S. companies, particularly those based in the Asia/Pacific region, can analyze and deal with the risks of U.S. litigation exposure to pre-trial discovery data requests. Due to expansive rules on discovery, jury trials, and the size of damage awards, plaintiffs worldwide choose to bring their claims in U.S. courts. So it is important that non-U.S. companies consider their exposure to U.S. litigation.


October 2, 2009
Last month we explored the privacy and trust considerations surrounding virtual health communities, online portals where people post their private medical information in hopes of gaining knowledge and helping others. This month we turn to another online health paradigm that lives or dies by patient trust: electronic medical records (EMRs). President Obama asserts that, by 2014, the health records of all Americans will be stored electronically.

Drive to Digital Records Begs Due Diligence

October 1, 2009
While making the case for his overhaul of the public healthcare system, President Obama has doted on one of its provisions: that all personal health records should be digitalized and melded into a single standard format within five years. Doing so, he believes, will reduce administrative headaches--one provider won't have to get on the phone with another to access a patient's hard-copy record--and thus bolster the overall quality of care. The medical community largely supports the...

How to read a privacy policy

October 1, 2009
The Common Data Project was created to encourage and enable the disclosure of personal data for public re-use through the creation of a technology and legal framework for anonymized data-sharing. Specifically, we think that means creating a new kind of institution called a datatrust, which is exactly what it sounds like: a trusted place to store and share sensitive, personal data. So why did we spend a lot of time parsing the legalese of some excruciatingly long privacy statements?

Notes From the Executive Director

November 1, 2007
Earlier this month, the UK government flatly rejected calls for a security breach notification law — a move that angered the members of the House of Lord Science and Technology Committee. The committee pushed for such a law as part of a comprehensive package of changes it said was necessary to assure the continued success and confidence in the Internet.

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