In late October 2011, the European Council of Ministers formally adopted the new EU Consumer Rights Directive. The new Directive will drastically affect the rules that apply to online shopping. Numerous provisions will also apply to both the online and the offline markets. (more…)
On June 15, 2011, Peter Hustinx, European Data Protection Supervisor (EDPS), and Giovanni Buttarelli, Assistant Supervisor, presented their Annual Report of activities for 2010 (read full report here). This Report covers the sixth full year of activity of the EDPS as a new, independent supervisory body. Peter Hustinx, the EDPS, said it “is fully in line with the need to increase our efforts to ensure a more effective protection of privacy and personal data in a changing world which is increasingly global, Internet driven and dependent on the wide spread use of ICTs in all areas of life.”
This report is a good opportunity to get to know the European guardian of personal data protection. Do you know that you can lodge a complaint to the EDPS? (more…)
An independent regulatory Agency for EU Member States
The Proposal for a Regulation of the European Parliament and of the Council establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice was reviewed on April 11, 2011, by the Council of the European Union. A political agreement was found in June 2011. (more…)
Last April 4, 2011, the EU Article 29 Data Protection Working Party issued an Opinion on the level of protection of personal data in New Zealand. This is the occasion to make a recap on the EU legal rules for transborder flows of personal data, with a focus on the latest country found to provide an adequate level —Israel.
Today, with globalization, it’s common practice for businesses to transfer personal data around the globe. This of course raises issues on the security of such data. The European Union does not allow businesses to send personal data outside its boundaries unless the recipient country provides an adequate level of protection. The last country to join the club of countries with an adequate level: Israel! (more…)
The European Union is planning to overhaul its data protection regime, notably because of rapid technological developments (social networking sites, blogs, cloud computing, geo-location devices, biometric devices, RFID applications, video surveillance…) and globalization have brought new challenges for the protection of personal data. A French bill has decided to take up these challenges.
Know your rights & Be your own privacy watchdog!
The French data protection framework could be changed by a French bill to better protect the right to privacy in the digital age. The bill was proposed to the Senate on November 6, 2009, and filed for first reading in the National Assembly on March 24, 2010.
This proposed legislation is mainly based on an information report on “privacy in the age of digital memories” issued in May 2009, and which recommended, among other things to enable citizens to become the actors of their own protection. To meet the new challenges of the digital era, the report calls for an increased involvement of individuals in the protection of their own privacy.
How is that to be achieved? The report suggested to educate and raise citizen awareness of their right to privacy and privacy threats from an early age, and to update the Data Protection Act of January 6, 1978 to provide stronger guarantees.
The bill thus amends the Data Protection Act to reflect the recommendations made in the report, as explained at the time by the then-current Digital Economy Secretary of State Nathalie Kosciusko-Morizet during the “Right to be forgotten” workshop in November 2009.
The European Commission has announced that it plans to amend the 2006 Data Retention Directive, Directive 2006/24/EC. This Directive states that the national laws of the EU Member States must require providers of publicly available electronic communications services and public communications networks to retain traffic and location data for a period between six months and two years, in order to allow for the investigation, detection and prosecution of serious crime.
According to the Report of the EU Commission, while it is clear that rules on data retention remain necessary as a tool for law enforcement, the protection of victims, and the criminal justice systems, the current regime has many flaws. The report, published in mid April 2011, provides an initial analysis of the problems raised by the current draft of the 2006 Data Retention Directive and explains that the Commission intends to develop a better legal framework that balances the needs of governments, the rights of data subjects, and the financial constraints of the operators. (more…)
Litigation and trials are handled in the United States in a manner that is significantly different from that which prevails in other countries. While broad discovery is available here, the gathering and use of evidence is much more limited abroad. For years, there have been disputes between US litigants and the foreign parties who were requested to produce information and documents for use in US courts. While the 1970 Hague Convention on the Taking of Evidence in Civil and Commercial Matters has provided rules for the regulated taking of evidence, there are still many barriers to the gathering of evidence from foreign parties. One of them is the data protection laws of many countries, especially those in the European Union and the European Economic Area. (more…)