Updates

Supplement #17

Sent to subscribers in May 2015

We are pleased to announce that Supplement 17 of Global Privacy and Security Law is now available. We would also like to welcome Rahul Matthan as our new contributor for the chapter on India privacy and security laws. The India chapter has been rewritten in its entirety for this Supplement.

In total, Supplement 17 contains updates to 18 chapters. Following on from developments detailed in recent supplements, Russia enacted legislation, in December 2014, to bring forward the effective date of the legal obligation for companies doing business in Russia to process and store the personal data of Russian citizens on servers located within the Russian Federation.

A number of European countries have introduced legislation that impacts on data protection matters. The updated Slovakia Chapter provides an overview of its new “Whistleblowing” legislation while updates to the chapter on Turkey examine the main provisions of the new E-Commerce Code, which addresses the issue of unsolicited commercial communications. A new Cybernetic Security Law came into force in Lithuania in January 2015, the main elements of this piece of legislation are addressed in the updates to the Lithuania chapter.

An overview of the other updates in Supplement 17 is provided below.

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Supplement #16

Sent to subscribers in January 2015.

In September 2014, we celebrated the fifth anniversary of Global Privacy and Security Law. In the past five years the numbers of laws, regulations, standards and guidelines, and cases regarding the protection of personal data around the world have increased dramatically. As a result, Global Privacy and Security Law has almost doubled in size, growing from about 2000 pages to more than 3500 pages.

Supplement 16 contains updates to twenty one chapters. A new chapter on Indonesia has been added. This chapter examines the unique legal data protection regime in Indonesia. The chapter on Russia has been updated to examine the interesting legislative development whereby those companies conducting business in Russia will be, once the legislation is enacted, legally obliged to process and store the data of the citizens of the Russian Federation on servers located within the Russian Federation.

The other significant updates in Supplement 16 are highlighted below.

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Supplement #15

Sent to subscribers in September 2014

We are pleased to announce that Supplement 15 to Global Privacy and Security Law is now available. Supplement 15 contains updates to seventeen chapters.

The chapter on the Dominican Republic has been completely revised, for this supplement, due to the enactment of Data Protection Law No. 172-13. This is the Dominican Republic’s first national data protection law and the updated chapter includes an overview of the objectives and main provisions of the law.

On the European front, in April 2014 the CJEU in joined cases C293/12 and C-594/12 declared that Directive 2006/24/EC on the Retention of Data Generated or Processed by Electronic Communication Service was invalid. This decision calls into question the continued validity of the national laws that have implemented the 2006 Directive. Chapter 8, on the EU Data Retention Directive, examines these issues in more detail.

The other significant updates in Supplement 15 are detailed below. (more…)

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Supplement #14

Sent to subscribers in May 2014

This Supplement #14 is dedicated to Professor George Anastaplo who passed away on February 14, 2013, as we were completing our updates of the Global Privacy and Security Law treatise. Professor Anastaplo was my Constitutional Law Professor while I was attending Law School in Chicago. He served in the United States Army Air Corps during World War II as a navigator of B-17s and B-29s. He earned his BA, JD, and PhD from the University of Chicago. He was the author of numerous books, articles, op-eds, and hundreds of essays.

Professor Anastaplo has become famous for having conducted his own bar admission litigation after he was denied admission to the Illinois Bar. The denial of his admission became a Supreme Court case, In re Anastaplo, in which he insisted that the First Amendment of the U.S. Constitution protects the privacy of political affiliations. Specifically, in the questionnaire that is completed as part of an application to become licensed as an attorney by the State Bar of Illinois, he refused to answer questions about membership in the Communist Party. George’s stand was based on Constitutional principles and consequent rejection of McCarthyism. The Supreme Court’s majority upheld the lower courts’ ruling in favor of the Illinois Bar, although Justice Hugo Black dissented.

In the aftermath of the case, George Anastaplo was often described as the “Socrates of Chicago.” He was subsequently nominated annually for the Nobel Peace Prize between 1980 and 1992. George’s distinguished academic career included serving as a lecturer in the University of Chicago’s Basic Program of Liberal Education for Adults and as professor of political science and philosophy at Dominican University.

 

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Supplement #13

Sent to subscribers in Jan 2014

We are pleased to announce that Supplement #13 to the two-volume treatise Global Privacy and Security Law is now available.

Supplement 13 contains updates to twenty-two of the existing chapters. In addition a new chapter, Chapter 20B, on Croatia has been added. This new chapter examines the data protection laws of Croatia, the newest member of the European Union, and it becomes the 66th country featured in our analysis of data protection regimes throughout the world.

The number of laws on data protection throughout the world continue to grow and develop. Slovakia enacted a new data protection law in July 2013. The updates to the Slovakia chapter examine Act No. 122/2013 coll. on Protection of Personal Data. Meanwhile Australia has made some significant amendments to its Data Protection Act, which will become effective from March 2014.

The other significant updates in Supplement #13 are detailed below.

 

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Supplement #12

Sent to subscribers in Sept 2013

I am pleased to announce that our Supplement #12 to the two-volume treatise Global Privacy and Security Law is now available.

Supplement 12 provides updates for twenty-nine of the existing chapters. On the European front, a number of the country chapters have been updated to illustrate how the respective countries are implementing the 2009 Directive with respect to cookies. The Netherlands chapter has been significantly updated and it contains useful comments on the notion of what constitutes “personal information” and the recent Article 29 opinion on the concept of “purpose limitation” and “use limitation”.

In the United States two major laws have been updated by the adoption of significant new regulations. The updated chapter on the United States includes analysis of the new Health Information Rules, which will come into force at the end of September 2013, and the new Children’s Online Information Protection Rule that became effective in July 2013.

The most significant updates included in Supplement 12 are outlined below.

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Supplement #11

Sent to subscribers in May 2013

This update is dedicated to Alan F. Westin, an iconic figure in privacy law throughout the world, and the most important privacy scholar since Louis Brandeis, who passed away on February 18, 2013, as we were completing the last elements of this Supplement #11, which will be shipped to our subscribers in May 2013.

Professor Westin defined the modern right to privacy in “Privacy and Freedom,” his seminar work in the information privacy field, which was published in 1967.  In this book, Professor Westin defined privacy as individuals’ right to control, edit, manage, and delete information about themselves, and to decide how much of their personal information may be disclosed and to whom, how it should be maintained, and how it should be disseminated. This concept has become the cornerstone of our modern right to privacy.

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Supplement #10

Sent to subscribers in January 2013.

I am pleased to announce that Supplement #10 to the two-volume treatise Global Privacy and Security Law is now available.

Supplement 10 contains updates to twenty-three chapters. Updates have been made to the Philippines chapter following the introduction of a new data protection act in September 2012. The chapter provides a complete analysis of the new law. The chapter on the Czech Republic has also been significantly updated for this Supplement 10. In keeping with many of the other chapters in Global Privacy and Security Law, it now contains new detail on data protection with respect to health information, children information, and whistleblowing and security breach disclosure laws.

The other significant updates in Supplement 10 are detailed below.

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Supplement #9

Sent to subscribers in October 2012

I am pleased to announce that Supplement #9 to the two-volume treatise Global Privacy and Security Law is now available. This Supplement contains updates to twenty-four chapters. The chapter on Sweden now contains information on the private right of action, on sample cases and penalties, on employee information, children information, whistleblowing and other laws protecting personal data. The chapter on Finland has been updated in a similar manner. It has been updated to include new sections highlighting a data controller’s obligations when outsourcing the processing of personal data, when using surveillance cameras or collecting data in the workplace.

The most significant changes in this Supplement 9 are described below.

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Supplement #8

Sent to subscribers May 2012

I am pleased to enclose our Supplement #8 to the two-volume treatise Global Privacy and Security Law. A new chapter was added to provide an analysis of the Proposed EU Data Protection Regulation, which is intended to replace the seminal Directive 95/46/EC, also known as the EU Data Protection Directive. We are also providing updates to 12 of the existing chapters. The most significant changes are described below. (more…)

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