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Data Protection Law & Policy

Volume: 5 Issue: 6
(June 2008)


News

Peter Schaar, Germany's Federal Commissioner for Data Protection and Freedom of Information, has said he doubts if the German government's draft anti-terrorism law complies with data protection law, an issue he plans to raise when the law reaches the Bundestag (the lower house of the German Parliament) in the second half of 2008. / read more

The UK Information Commissioner's Office (ICO) issued guidelines on how organisations can comply with the Data Protection Act 1998, when providing information about their employees to new employers under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). / read more

The European Commission has recognised that Jersey provides adequate protection for personal data transferred from European Union Member States to 'third countries' required by Article 25(1) of Directive 95/46/EC. The 8 May decision means data will be free to flow from the EU to Jersey without having to meet assessment criteria for each transfer. / read more


Features

Lawyers love legal definitions. Give us a nicely defined legal concept and we will make sure that our practical understanding of what it means will get engraved in our brains. Legal definitions normally bring legal certainty and that makes lawyers happy. For a while at least... Then reality hits and what we thought was perfectly logical and understandable starts to become slippery and poorly suited to the real world. Legal terms that were created with the aim of providing clarity and certainty can become cumbersome and woefully inadequate. For data protection lawyers, two concepts that often seem to meet that description are 'controller' and 'processor'. / read more

Marc Martin, Partner and Co-leader of the TMT practice and Lauren Bergen, an Associate in the TMT practice of K&L Gates, examine some key changes for email advertisers set out in the Federal Trade Commission's 'Definitions and Implementation Under the CAN-SPAM Act', including the definition of 'person', the sender rule, forward-to-a-friend emails and opt-outs. / read more

A decision in the UK Court of Appeal over pictures taken of author J.K. Rowling's son, has created enhanced privacy rights for children of celebrities. Hazel Grant, a Partner at Bird & Bird, examines the history of the case, the Court of Appeal's reasoning in reaching its decision, and possible implications for privacy. / read more

The World Anti-Doping Agency plans to introduce an International Standard for the Protection of Privacy. Michele Verroken of Sporting Integrity, an Anti-Doping Adviser to the PGA European Tour and Ladies European Tour and a former Director of Ethics and Anti-Doping at UK Sport, examines the provisions of the Standard. / read more

Ana Bay, an Attorney with Clifford Chance in Barcelona, focuses our attention on issues of consent under the new Spanish Data Protection Law: the consent of minors, implied consent and revocation of consent. / read more

The Finnish Parliament is considering a relaxation of its strict privacy laws which, if passed, would empower companies to examine the identification data of employees' e-mail messages. Sanna Helopuro, a Ministerial Adviser at the Ministry of Transport and Communications, considers the implications. / read more

The Spanish data protection authority (AEPD) has recently ruled that a 'refer-a-friend' tool on a website does not comply with the opt-in requirement of the Law on Information Society and Electronic Commerce. Nuria Pastor, of Field Fisher Waterhouse LLP, examines this decision. / read more

Imagine that the Royal Mail suggested opening everyone's post down at the sorting office, so that they could scan the contents, work out what you were interested in and thereby arrange to send you a better class of junk mail. Most people would be horrified, yet some of the UK's largest Internet Service Providers (ISPs) are planning to do something that is even more intrusive. They're planning to capture the details of all the searches you make, all of the web pages you visit - and all in the name of arranging to serve up better targeted online adverts. Of course, the prime motivation isn't improving your browsing experience: the ISPs will get a cut from the advertising revenue and Phorm, the technology vendor involved, reckons to charge a premium for delivering up an audience that is especially receptive to a particular advertiser's message. / read more


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About Data Protection Law & Policy:

The monthly law journal which covers all aspects of data protection and data privacy: data transfer & outsourcing, marketing and e-marketing, freedom of information (FOI), employee monitoring, privacy compliance, online data acquisition and consent, personal data, website compliance and emerging technologies such as behavioural advertising, cloud computing and smart grids. / read more

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