Privacy & Information Security Law Blog

On June 5, 2013, Hunton & Williams hosted a seminar in the firm’s London office: Tracking the Draft EU Regulation ̶ General Update and the Concept of the “One-Stop Shop.” Bridget Treacy, Rosemary Jay and Tim Hickman of Hunton & Williams gave a presentation on the operation and effects of the “consistency mechanism” to be introduced in the proposed General Data Protection Regulation. The June 5 update was the most recent in Hunton & Williams’ ongoing series of Executive Briefings on the Proposed Regulation. The consistency mechanism is intended to ensure that, once the ...

On June 6, 2013, a group of 300 gathered in Santa Marta, Colombia, the second oldest city in South America, for the First Latin America Congress on Data Protection. The Congress was organized by Colombia’s data protection authority, the Superintendency of Industry and Commerce, and the Centre for Information Policy Leadership at Hunton & Williams LLP. “Latin America is very important to Centre member companies, and education is a key element of the Centre’s Latin America Project. So, we were very pleased to help the Superintendent organize the program,” said Centre President Marty Abrams.

On May 30, 2013, the European Court of Justice held that Sweden failed to fulfill its obligations under EU law when it delayed complying with the Court’s 2010 ruling regarding the country’s implementation of the EU Data Retention Directive 2006/24/EC (the “Data Retention Directive”). The Court ordered Sweden to pay a lump sum of €3,000,000.

On May 31, 2013, the Council of the European Union’s Justice and Home Affairs released a draft compromise text in response to the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”). This compromise text narrows the scope of the Proposed Regulation and seeks to move from a detailed, prescriptive approach toward a risk-based framework.

On May 29, 2013, Hunton & Williams hosted a webinar, A Discussion on the Proposed EU Regulation: Developing a More Creative Approach. Hunton & Williams partner Bridget Treacy moderated the session with former UK Information Commissioner Richard Thomas, Global Strategy Advisor of the Centre for Information Policy Leadership at Hunton & Williams. Richard Thomas discussed the need for a more creative and flexible approach to the proposed EU General Data Protection Regulation, with better-defined outcomes and targeting businesses that present the greatest risks. He also ...

On May 30, 2013, the French Data Protection Authority (“CNIL”) launched a public consultation on the digital “right to be forgotten.”

The CNIL recalled that the principle of a digital “right to be forgotten” is established in the Proposed EU Data Protection Regulation and that this new right will have to be exercised in accordance with freedom of expression, freedom of the press and the duty of remembrance.

In this context, the CNIL decided to consult web users with a goal of defining the broad outlines of the digital right to be forgotten. The CNIL also announced that it will ...

On May 29, 2013, a bill, accompanied by an explanatory memorandum, was proposed in the Australian Parliament that requires businesses and government agencies that experience a serious data breach to notify affected individuals and the Office of the Australian Information Commissioner (“OAIC”). The proposed legislation requires organizations to notify individuals only when they are “significantly affected” by a “serious” data breach. Breaches that merely pose a “remote risk” of harm would not require notification. The factors organizations should assess when determining whether a breach is “serious” include: (1) harm to a person’s reputation, (2) economic harm, (3) financial harm, and (4) physical and psychological harm. Additionally, the bill specifies that implementing regulations may identify other situations that would require notification even if the breach does not give rise to a risk of serious harm. Organizations should notify affected individuals through the normal method of communication they have previously used to communicate with those individuals. Absent a normal method of prior communication, organizations must take reasonable steps to notify the affected individuals via email, telephone or postal mail. If passed, the legislation would become effective in March 2014.

On May 13, 2013, the Article 29 Working Party (the “Working Party”) adopted an Advice Paper on profiling (the “Advice Paper”). The Advice Paper serves as the national data protection authorities’ contribution to the ongoing legislative debate before the European Parliament and the Council of the European Union on the proposed EU General Data Protection Regulation (the “Proposed Regulation”).

On May 20, 2013, the Estonian Data Protection Inspectorate issued its Annual Report 2012 (the “Report,” summary available in English). The number of inquiries, complaints and supervision proceedings have remained the same over the last few years. The main topics of complaints include employment relations, CCTV, electronic direct marketing and social media. The Inspectorate stated that its primary goal is to stop violations of the law, not to impose sanctions. According to the Report, the Inspectorate issued orders regarding compliance in 48 cases and imposed fines in 39 cases.

On May 23, 2013, the Office of the Privacy Commissioner of Canada (“OPC”) issued a position paper (the “Paper”) proposing revisions to the Personal Information Protection and Electronic Documents Act (“PIPEDA”) to better align PIPEDA with the risks facing a modern information economy. Privacy Commissioner of Canada Jennifer Stoddart addressed the release of the Paper in her remarks at the IAPP Canada Privacy Symposium, stating that “[i]t is increasingly clear that the law is not up to the task of meeting the challenges of today – and certainly not those of tomorrow.” According to the Paper, the surge in the collection, availability and use of personal data has upset the balance between the privacy rights of individuals and the legitimate needs of businesses originally struck by PIPEDA. In response, the Paper proposes four general revisions to PIPEDA:

On May 20, 2013, the Irish Office of the Data Protection Commissioner (“ODPC”) published its annual report for 2012 (the “Report”). The Report summarizes the activities of the ODPC during 2012, including its investigations and audits, policy matters, and European and international activities.

On May 16, 2013, UK Trade & Investment (“UKTI”), a UK government department working with businesses based in the UK to ensure their success in international markets, published the first export strategy paper (the “Paper”) on the UK’s approach to the $100 billion annual cybersecurity export market.

In November 2011, the UK’s Cyber Security Strategy was published. ‘Objective 1’ of the strategy’s implementation plan recognized that cyberspace is an important and expanding part of the UK economy. One of the supporting actions for Objective 1 was to develop a ...

In April 2013, the People’s Republic of China’s General Office of the National People’s Congress published a draft amendment to the Law on the Protection of Consumer Rights and Interests (the “ Proposed Amendment”) and solicited public comments on the Proposed Amendment until May 31, 2013. The Proposed Amendment includes provisions that affect the collection and use of consumer personal information.

On April 30, 2013, the UK government announced guidance on its consultation on cybersecurity standards (the ”Consultation”). The Consultation was launched in March 2013, and follows the UK government’s recent announcement regarding a cybersecurity partnership initiative to facilitate information-sharing on cyber threats.

In March 2013, the UK government launched its consultation on cybersecurity standards (the “Consultation”) following the government’s recent announcement regarding a cybersecurity partnership initiative to facilitate information sharing on cyber threats.

On May 14, 2013, London Economics published the results of an independent survey commissioned by the UK Information Commissioner’s Office (“ICO”) to help understand the challenges that the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”) may present to UK businesses (the “Report”).

On April 30, 2013, the regional court of Berlin enjoined Apple Sales International, which is based in Ireland, (“Apple”) from relying on eight of its existing standard data protection clauses in contracts with customers based in Germany. The court also prohibited Apple’s future use of such clauses.

On May 3, 2013, the German Federal Council (Bundesrat) passed a new bill regarding access to telecom user data, such as names, addresses, passwords and credit card PIN codes. This comes after the German Federal Diet (Bundestag) passed the German government’s bill on March 21, 2013, which amends, among other laws, Germany’s Federal Telecommunications Act.

On May 6, 2013, the Global Privacy Enforcement Network (“GPEN”) announced its first “Internet Privacy Sweep,” in which 19 data protection authorities are participating. This joint effort, which runs May 6-12, 2013, involves a review of the information notices posted online by major websites.

In April 2013, the Ministry of Industry and Information Technology of the People’s Republic of China (the “MIIT”) issued a new rule entitled the “Notice on Strengthening the Administration of Networked Smart Mobile Devices” (the “Notice”). This Notice, which will become effective on November 1, 2013, was issued in draft form in June 2012 along with a request for public comment.

On May 6, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) discussed the progress of the proposed General Data Protection Regulation (”Proposed Regulation”). LIBE’s lead rapporteur, Jan Philipp Albrecht, noted that, in light of the significant number of amendments tabled, more time is needed for the other rapporteurs to deliberate. As a result, the vote originally scheduled for May 29, 2013 on the lead rapporteur’s report regarding amendments to the Proposed Regulation has been postponed.

The Polish Data Protection Authority (Generalny Inspektor Ochrony Danych Osbowych or “GIODO”) has activated the website for the 35th International Conference of Data Protection and Privacy Commissioners to be held in Warsaw, Poland, September 23-26, 2013. The conference theme is “A Compass in a Turbulent World.” Unlike past years, the conference will begin with the closed session for commissioners and concurrent side events. The open conference will take place on September 25 and 26. GIODO currently is working on the conference agenda with an advisory committee that ...

On April 22, 2013, the Article 29 Working Party (the “Working Party”) adopted an Opinion on the proposed data protection impact assessment template for smart grid and smart metering systems (“DPIA Template”). Expert Group 2 of the European Commission’s Smart Grid Task Force submitted the DPIA Template to the Working Party following the European Commission’s March 9, 2012 recommendation regarding preparation for the roll-out of smart metering systems.

On April 29, 2013, the Belgian Privacy Commission announced that it referred a data breach case involving The National Belgian Railway Company to the Brussels Public Prosecutor. The data breach, which occurred in December 2012, resulted in the 1.46 million sets of customer data being made publicly available online. The Privacy Commission investigated the case and concluded that there had been a violation of the Belgian Data Protection Act, but since the Privacy Commission does not have the authority to impose sanctions for the violation, it referred the case to the prosecutor’s office to initiate criminal proceedings. The Privacy Commission commented that this is the first time that it has referred a data breach case to the Public Prosecutor.

On April 10, 2013, the Ministry of Industry and Information Technology of the People’s Republic of China (the “MIIT”) enacted two draft rules (“Provisions on the Protection of Personal Information of Telecommunications and Internet Users” and “Provisions on the Registration of Real Identity Information of Telephone Users”) to solicit public comments. The comment period is open until May 15, 2013. Both Drafts include proposals for substantial provisions on the protection of personal information and were enacted according to the Resolution of the Standing Committee of the National People’s Congress Relating to Strengthening the Protection of Information on the Internet (issued by the Standing Committee in December 2012) and some other telecommunications rules.

On April 22, 2013, the higher administrative court of Schleswig issued two decisions rejecting an appeal by the data protection authority of Schleswig-Holstein (“Schleswig DPA”) that sought to challenge a lower court’s earlier rulings in Facebook’s favor.

On April 12, 2013, the Department of Commerce’s International Trade Administration (“ITA”) issued a guidance document to clarify how the U.S.-European Union Safe Harbor Framework facilitates the transfer of personal data from the European Union to the United States in the cloud computing context. The document underscores that the U.S.- European Union Safe Harbor Framework is an officially recognized means of complying with the adequacy requirement of EU Data Protection Directive 95/46/EC. ITA has received a number of inquiries from Safe Harbor participants indicating that they (and their EU clients, customers and partners) have heard conflicting information and are unsure about how the Safe Harbor Framework may enable data transfers to cloud service providers in the United States.

On April 2, 2013, the Article 29 Working Party (the “Working Party”) adopted an Opinion (the “Opinion”) that elaborates on the purpose limitation principle set out in Article 6(1)(b) of the current EU Data Protection Directive 95/46/EC (the “Data Protection Directive”). The Opinion analyzes the scope of this principle under the Data Protection Directive, clarifies its limits and makes recommendations to strengthen it in the proposed General Data Protection Regulation (the “Proposed Regulation”). It also focuses on how to apply this principle in the context of Big Data and open data.

On April 5, 2013, during the Centre for Information Policy Leadership’s First Friday call, Centre President interviewed José Alejandro Bermúdez Durana, Deputy Superintendent for Data Protection for Colombia’s Superintendency of Industry and Commerce, and asked about the progress of Colombia’s new data protection law. Enacted in October 2012, the law provided a six month grace period for companies to prepare to comply with new requirements, which are expected to be implemented on April 18, 2013. The final regulation will be published thereafter. The Deputy Superintendent discussed industry cooperation and said that the regulation’s language on consent will be flexible.

On March 8, 2013, the German government published a response to a formal inquiry from one of the German Parliament’s parties on the international security, data protection and surveillance implications of cloud computing. The response describes international cooperation between German and foreign law enforcement agencies that have used mutual legal assistance treaties to obtain cloud data in foreign jurisdictions. An earlier study by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs considered the scope of U.S. laws that allow surveillance of non-U.S. residents in a cloud computing context. The German government’s response now provides information on how German law enforcement agencies obtain data from clouds outside their jurisdiction (e.g., in the United States) pursuant to mutual legal assistance treaties.

On March 21-22, 2013, the data protection authorities (“DPAs”) of the Baltic states of Estonia, Latvia and Lithuania met in Riga, Latvia, for their second annual meeting to discuss several practical cooperation matters regarding data protection.

On March 27, 2013, the UK Government announced the Cyber Security Information Sharing Partnership (“CISP”), a partnership between government and industry to share intelligence on cybersecurity threats.

Introduction of the CISP follows a successful pilot program across key UK sectors and is part of the UK’s Cyber Security Strategy to facilitate information-sharing on cyber threats. It introduces a secure web portal where government and industry partners can exchange real-time information regarding threats and vulnerabilities they have identified. It also sets up a team of expert analysts, the Fusion Cell, to draw together a single intelligence picture of cyber threats across the UK. It is understood that the Fusion Cell will be staffed by analysts drawn from industry, as well as the law enforcement and intelligence communities.

On March 26, 2013, the Article 29 Working Party issued a press release on the recent developments concerning cooperation between the EU and the Asia-Pacific Economic Cooperation group (“APEC”) on cross-border data transfer rules. A joint EU-APEC committee, which includes the French and German data protection authorities as well as the European Data Protection Supervisor and the European Commission, has been studying similarities and differences between the EU’s binding corporate rules (“BCRs”) framework and APEC Cross-Border Privacy Rules. The committee’s goal is to facilitate data protection compliance in this area for international businesses operating in the EU and the APEC region, including by creating a common frame of reference for both sets of cross-border data transfer rules.

On March 1, 2013, the Irish Presidency published a note to the European Council of Ministers regarding its progress on the European Commission’s proposed General Data Protection Regulation (“Proposed Regulation”). The Note details the Irish Presidency’s work to bring a more risk-based approach to the Proposed Regulation.

On March 22, 2013, Peru issued the implementing regulations of its new data protection law. The Reglamento de la Ley No 29733, Ley de Protección de Datos Personales (“Regulations”) provide detailed rules on a variety of topics, including the following:

• Territorial scope;
• notice and consent;
• data transfers;
• processing of personal data relating to children and adolescents;
• data processing in the communications and telecommunications sectors;
• outsourcing;
• information security;
• data subjects’ rights;
• registration of databases;
• codes of conduct; and
• enforcement.

On March 20, 2013, the French Data Protection Authority (“CNIL”) issued (in French) guidance on keylogger software (the “Guidance”). Keylogger software enables an employer to monitor all the activities that take place on an employee’s computer (such as every key typed on the computer’s keyboard and every screen viewed by the employee), without the employee’s knowledge.

On March 20, 2012, the UK Information Commissioner’s Office announced that it has issued a monetary penalty of £90,000 against DM Design Bedrooms Ltd. (“DM Design”) for making thousands of unwanted marketing calls.

On March 19, 2013, the French Data Protection Authority (“CNIL”) announced (in French) its annual inspection program, providing an overview of its inspections of data controllers in 2012 and a list of inspections that it plans to conduct in 2013. Under French data protection law, the CNIL is authorized to collect any useful information in connection with its investigations and has access to data controllers’ electronic data and data processing programs.

On March 20, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) held legislative deliberations regarding the European Commission’s proposed General Data Protection Regulation (”Proposed Regulation”). The LIBE Committee Chair, Juan Fernando López Aguilar, noted that 2,783 amendments to the Proposed Regulation and 504 amendments to the proposed Police and Criminal Justice Directive (“Proposed Directive”) have been tabled.

On February 12, 2013, the UK Information Commissioner’s Office published a further analysis of the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”). This latest analysis supplements the initial analysis paper on the Proposed Regulation published on February 27, 2012. Although the general views expressed in its initial paper stand, the ICO has now provided greater detail regarding its views of the substantive provisions of the Proposed Regulation.

On March 15, 2013, European Data Protection Supervisor Peter Hustinx sent a letter to Juan Fernando López Aguilar, Chair of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”), with his comments regarding certain aspects of the European Commission’s proposed revised data protection framework. On March 20, 2013, Peter Hustinx was invited to present his comments during a LIBE Committee meeting, together with the President of the Article 29 Working Party, Jacob Kohnstamm.

On March 12, 2013, the UK Government Justice Committee published a report on the functions, powers and resources of the UK Information Commissioner’s Office (the “Report”). The Report highlights several key issues raised during an oral evidence session held with the UK Information Commissioner, Christopher Graham, and his two Deputy Commissioners, David Smith and Graham Smith. The Justice Select Committee published the Report to draw these key issues to the attention of the UK Parliament.

On March 14, 2013, the 85th Conference of the German Data Protection Commissioners concluded in Bremerhaven. This biannual conference provides a private forum for the 16 German state data protection authorities (“DPAs”) and the Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, to share their views on current issues, discuss relevant cases and adopt Resolutions aimed at harmonizing how data protection law is applied across Germany.

The U.S. Department of Commerce’s International Trade Administration (“ITA”) will host a data privacy seminar in Waltham, Massachusetts, on Monday, March 25 from 8:30 – 11:30 a.m. EST. Seminar participants will hear from a number of Commerce privacy experts who will discuss the Obama Administration’s privacy blueprint and provide updates on significant international developments involving the U.S.-European Union and U.S.-Swiss Safe Harbor Frameworks and the Asia-Pacific Economic Cooperation group’s work to implement the Cross-Border Privacy Rules System. These privacy developments could have a significant impact on your company and its compliance with laws and privacy regulations in the United States, Asia and Europe.

On February 27, 2013, the Article 29 Working Party (the “Working Party”) adopted an Opinion (the “Opinion”) addressing personal data protection issues related to the development and use of applications on mobile devices. The Opinion identifies the key data protection risks associated with mobile apps and clarifies the legal framework and obligations applicable to the various parties involved in the development and distribution of mobile apps, including app stores, app developers, operating system and device manufacturers and advertisers.

On March 5, 2013, Costa Rica published the Reglamento a la Ley de Protección de la Persona Frente al Tratamiento de sus Datos Personales (Regulations of the Law of Protection of the Person in the Processing of His Personal Data) (the “Regulations”). The wide-ranging Regulations, which took effect immediately, expand and clarify many aspects of the underlying law and include the requirements described below.

On March 7, 2013, the UK Information Commissioner’s Office (“ICO”) published guidance (the “Guidance”) on Bring Your Own Device (“BYOD”) to explain to data controllers “what they need to consider when permitting the use of personal devices to process personal data for which they are responsible.” BYOD refers to the use of individuals’ personal devices to access and store corporate information.

On March 5, 2013, the German Federal Ministry of the Interior published proposed amendments (in German) to the German Federal Office for Information Security Law. These proposed amendments are significant because they establish a new duty to notify the German Federal Office for Information Security in the event of a cybersecurity breach.

The UK Information Commissioner’s Office has opened a public consultation on a proposed code of practice for the press (the “Consultation”). Pursuant to Section 51 of the UK Data Protection Act 1998 (the “DPA”), the ICO has the authority to issue industry codes of practice.

On February 20, 2013, the UK Court of Appeal issued its decision in Smeaton v Equifax Plc, [2013] EWCA Civ 108, overturning an award of damages to an individual about whom a credit reference agency had maintained an inaccurate record.

On March 8, 2013, the European Union’s Justice and Home Affairs Council held legislative deliberations regarding the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”).

On March 7, 3013, Marty Abrams, President of the Centre for Information Policy Leadership at Hunton & Williams LLP, provided testimony to the International Trade Commission at a hearing on “Digital Trade in the U.S. and Global Economies.” The ITC is investigating digital trade issues, including how privacy law may act as an impediment to international digital trade.

In his testimony, Abrams outlined how privacy and data protection law affect digital trade, addressing issues such as the legal obstacles to big data and analytics and how data protection law creates barriers to ...

On March 5, 2013, the French Data Protection Authority (the “CNIL”) announced that the French High Council for Statutory Auditors (“H3C”) and the U.S. Public Company Accounting Oversight Board (“PCAOB”) signed a Statement of Protocol (the “Protocol”) on January 31, 2013, to govern the exchange of information, including personal data, between them.

The French Data Protection Authority (the “CNIL”) reports that in late January 2013, representatives of the Article 29 Working Party and the Asia-Pacific Economic Cooperation group (“APEC”) met in Jakarta, Indonesia, to discuss interoperability between EU Binding Corporate Rules and APEC Cross-Border Privacy Rules governing international data transfers. The U.S. Department of Commerce also is participating in the process to develop a roadmap for future progress toward establishing tools companies can use to facilitate true interoperability ...

On March 6, 2013, the French Data Protection Authority (the “CNIL”) announced that it launched a consultation of relevant private and public actors for the purpose of determining whether the CNIL should adopt an initiative on “Open Data.”

Two recently-published German court decisions have clarified German employee data protection law. The decisions validate the independence of works councils in determining how to comply with data protection law and clarify when unused employee email accounts can be deleted.

On March 1, 2013, the German Federal Council (Bundesrat) passed a new registration law after insisting on a number of important amendments (in German). Among other issues covered in the bill, the new law regulates how businesses can obtain the registered addresses of individuals in Germany from Germany’s public authorities (“official address data”) and use that information for commercial purposes.

On February 27, 2013, the Article 29 Working Party (the “Working Party”) issued a statement on the European Commission’s proposed revised data protection framework (“Statement”), including the proposed General Data Protection Regulation (“Proposed Regulation”). The Working Party offered amendments to the Proposed Regulation in the form of two Annexes to the Statement on the topics of competence and lead data protection authority (“DPA”) and the exemption for household or personal activities.

Following up on its February 5, 2013 consultation paper, Singapore’s Personal Data Protection Commission has issued two additional public consultation papers concerning the guidelines the Commission is empowered to issue under the new data protection law. The first proposed set of advisory guidelines examines key concepts in the Personal Data Protection Act (“PDPA”), with thorough discussions of definitions as well as data protection obligations set forth in the PDPA. The second paper addresses selected topics: analytics and research, anonymization, employment, use of national ID numbers and online activities. In addition, the Commission has produced a cover note on how to submit comments on these public consultations.

On February 20, 2013, Hunton & Williams LLP hosted a webinar on cybersecurity risks and the Obama Administration’s recently-issued Executive Order on cybersecurity issues related to critical infrastructure. The webinar, entitled “The Cybersecurity Executive Order: Understanding Its Impact on Your Business,” covered issues such as the current threat landscape, U.S. and EU regulatory initiatives related to cybersecurity, and guidelines to help businesses prevent and manage cyber events.

On January 17, 2013, Mexico’s Ministry of Economy published its Lineamientos del Aviso de Privacidad (in Spanish) (“Privacy Notice Guidelines” or “Guidelines”), which it prepared in collaboration with the Mexican data protection authority. The Guidelines introduce heightened notice and opt-out requirements for the use of cookies, web beacons and similar technology, and they impose extensive requirements on the content and delivery of privacy notices generally (with respect to all personal data, not just data collected via cookies and other automated means). The Guidelines will take effect in mid-April.

On February 7, 2013, the European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, launched their cybersecurity strategy for the European Union (“Strategy”). As part of this Strategy, the European Commission also proposed a draft directive on measures to ensure a common level of network and information security (“NIS”) across the EU (the “Directive”).

On February 4, 2013, the German Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik or “BSI”) published a paper (in German) providing an overview of the information technology risks inherent in consumerization and bring your own device (“BYOD”) strategies. The Paper responds to what the BSI views as a growing trend of employees making personal use of employer IT systems as well as using their personal IT devices for work purposes.

On February 5, 2013, Singapore’s new data protection agency, the Personal Data Protection Commission, published its first consultation paper (the “Paper”) articulating proposals for a data protection regulation. The Paper outlines the Commission’s positions on three key issues: (1) requests for access and correction; (2) transfer of personal data outside of Singapore; and (3) individuals who may act for others under the Personal Data Protection Act (“PDPA”). The PDPA was passed by the Singapore Parliament in October 2012 and became law in January 2013.

On January 29, 2013, the UK Court of Appeal ruled that the UK criminal records disclosure regime is disproportionate and incompatible with the UK Human Rights Act 1998 (the “Act”). The landmark judgment focused on the case of an appellant named “T,” who had received two “cautions” for stealing two bicycles when he was 11 years old. After a number of years, the appellant had to disclose these cautions twice in connection with required criminal records checks: first, at the age of 17, when he applied for a part-time job at a local football club, and again when he applied for a college course.

On January 28, 2013, the London office of Hunton & Williams marked European Data Privacy Day with the launch of the fourth edition of Data Protection Law & Practice, written by Senior Attorney Rosemary Jay. A panel comprised of the current UK Information Commissioner, Christopher Graham; his three predecessors, Eric Howe CBE, Elizabeth France CBE and Richard Thomas CBE; and the UK Minister of State for Justice, Lord McNally, spoke at the event and provided a retrospective on data protection in the United Kingdom since the Information Commissioner’s Office’s (“ICO’s”) inception in 1984.

On January 22, 2013, the Article 29 Working Party released Opinion 01/2013 (the “Opinion”) on the implementing acts contained in the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”).

Following up on the UK Information Commissioner’s Office’s (“ICO’s”) positive reaction to the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”), the ICO has now published additional thoughts on the European Commission’s proposed revised data protection framework, reacting to the recent draft report prepared by the rapporteur to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs, Jan Philipp Albrecht. In February 2012, the ICO released an initial analysis of the Commission’s package of proposals, which included the proposed Police and Criminal Justice Data Protection Directive (“Proposed Directive”).

On January 11, 2013, the UK Government published its response (the “Response”) to the UK Justice Select Committee’s opinion on the European Commission’s proposed revised data protection framework. The Response highlights a number of concerns expressed by the UK Government regarding the Commission’s legislative proposals.

On January 28, 2013, European Data Privacy Day, the London office of Hunton & Williams hosted the launch of senior attorney Rosemary Jay’s fourth edition book, Data Protection Law & Practice, by publisher Sweet & Maxwell.

Reporting from Australia, former Australian Privacy Commissioner Malcolm Crompton, Managing Director of Information Integrity Solutions Pty Ltd (“IIS”), writes:

The Australian Privacy Amendment (Enhancing Privacy Protection) Act 2012 (the “Act”) will make significant changes to the Privacy Act 1988. It’s early days for the changes and the impact for organizations will depend on their circumstances. Over the next 15 months we expect to see a range of guidance material from the Office of the Australian Information Commissioner.

On January 24, 2013, the UK Information Commissioner’s Office (“ICO”) served Sony Computer Entertainment Europe Limited (“Sony”) with a monetary penalty of £250,000 resulting from a serious breach of the Data Protection Act 1998. An April 2011 security incident involving the Sony PlayStation Network Platform affected the personal data of millions of customers, including names, addresses, email addresses, dates of birth, account passwords and credit card details.

On January 16, 2013, the French Data Protection Authority (“CNIL”) released its opinion on the draft report issued by Jan Philipp Albrecht, the rapporteur to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (the “Report”). The Report included detailed amendments to the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”) submitted by various stakeholders which Rapporteur Albrecht consolidated and distilled into a single text. The CNIL’s Report welcomes these amendments and in particular, the following:

Recently, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) released a study titled Fighting cyber crime and protecting privacy in the cloud (the “Study”). The Study originally was prepared in October 2012 at the request of the LIBE Committee by the European Parliament’s Policy Department of Citizens’ Rights and Constitutional Affairs, with the help of the Centre for European Policy Studies and the Centre d’Etudes sur les Conflits.

On January 10, 2013, the rapporteur to the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs (“LIBE”), Jan Philipp Albrecht, presented his draft report (the “Report”) on the proposed amendments to the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”) to the LIBE Committee.

On December 19, 2012, the Irish Data Protection Commissioner (“DPC”) wrote to 80 website operators requesting details regarding how they are complying with recent changes to Irish law governing the use of cookies and other similar technologies (SI 336/ 2011, the “Regulations”). The letter expects website operators, which include government departments as well as companies, to comply fully with the Regulations, which took effect 18 months ago and require user consent before deploying or accessing cookies or other information stored on users’ computer equipment. If the relevant organizations have not yet achieved compliance, they are expected to provide an explanation to the DPC explaining “why it has not been possible to comply by now, a clear timescale for when compliance will be achieved, and details of specifically what work is being done to make that happen.”

On December 28, 2012, the Standing Committee of the National People’s Congress (“NPC”) of the People’s Republic of China passed the Resolution of the Standing Committee of the NPC Relating to Strengthening the Protection of Information on the Internet (the “Regulations”). The Regulations contain significant and far-reaching requirements applicable to the collection and processing of electronic personal information via the Internet.

Internet users have expressed increasing concern about efforts to track their online activities. As the online tracking methods used to target advertisements have expanded in both scope and complexity, regulators have taken notice and have begun to act in the online behavioral tracking and advertising space. In an article published in the November/December 2012 issue of IP Litigator, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, and Melinda L. McLellan, a senior associate on the firm’s Privacy and Data Security team ...

On December 21, 2012, the Article 29 Working Party issued a press release announcing the launch of Binding Corporate Rules (“BCRs”) for processors effective January 1, 2013. This announcement follows the Article 29 Working Party’s adoption of a Working Document (WP 195) on June 6, 2012, which set forth requirements for BCRs for processors, and an application form for submitting BCRs for processors issued on September 17, 2012.

On December 19, 2012, the European Commission announced its formal recognition of personal data protection in New Zealand. The European Commission approved New Zealand’s status as a country that provides “adequate protection”  of personal data under the European Data Protection Directive 95/46/EC. This determination means that personal information from Europe may flow freely to New Zealand.  Although the law in New Zealand has been modernized over the years, it is not new.  New Zealand will be celebrating the 25th anniversary of its data protection law in 2013. Furthermore, New Zealand has been very active in the development of international standards at the OECD and APEC, and has participated in initiatives such as the Global Accountability Project. New Zealand’s request to be deemed adequate has been pending for several years. This determination follows the positive Opinion of the Article 29 Working Party issued on April 4, 2011, concerning the level of protection under New Zealand’s law.

U.S. Federal Trade Commission Chairman Jon Leibowitz announced on Monday that David C. Vladeck, director of the FTC's Bureau of Consumer Protection, is leaving the Commission on December 31, 2012 to return to the Georgetown University Law Center.

On December 13, 2012, the UK Information Commissioner’s Office (“ICO”) announced a consultation on a draft subject access code of practice (the “Code”). The Code is open for public comment until February 21, 2013.

On December 18, 2012, the Information Commissioner’s Office (“ICO”) released an enforcement report (the “Report”) on the extent of compliance with recent changes to UK law governing the use of cookies (The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011). The ICO previously issued an interim report on organizations’ attempts to achieve compliance, in which it concluded that organizations “must try harder” with their cookie compliance efforts.

On December 12, 2012, the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) released an accountability self-assessment tool designed to help organizations evaluate their internal privacy programs and practices. The tool is the product of the Global Accountability Project for which the Centre serves as Secretariat.

On November 23, 2012, a German data protection working group on advertising and address trading published guidelines (in German) on the collection, processing and use of personal data for advertising purposes (the “Guidelines”). The working group was established by the committee of German data protection authorities (“DPAs”) and is chaired by the Bavarian DPA.

On November 23, 2012, the German Federal Council (Bundesrat or the “Council”) published its comments on the European Commission’s strategy on cloud computing and also submitted them to the Commission.

On November 20, 2012, the European Network and Information Security Agency (“ENISA”) published a new report entitled “The Right to Be Forgotten – Between Expectations and Practice.” The report complements two earlier papers which focused on data collection and storage and online behavioral advertising, and focuses on the technical implications of the proposed General Data Protection Regulation’s new right to be forgotten.

On November 21, 2012, the UK Committee of Advertising Practice (“CAP”) released new rules on online behavioral advertising (“OBA”). CAP is the UK body which writes and maintains the UK advertising codes, which are administered and enforced by the UK Advertising Standards Authority (“ASA”).

On November 21, 2012, the UK Supreme Court handed down a judgment in The Rugby Football Union vs. Consolidated Information Services Limited (Formerly Viagogo Limited), a case addressing the application of Article 8 of the EU Charter of Fundamental Rights (Protection of Personal Data) in the context of court orders seeking to disclose the identities of alleged wrongdoers.

On November 22, 2012, the Brussels-based publication European Voice published an editorial by U.S. Department of Commerce General Counsel Cameron Kerry entitled Avoiding a Data Divide Between the US and the EU. The article notes the importance of continued collaboration between the European Union and the United States as both assess their respective privacy frameworks to ensure that any changes encourage enhanced trade and strong economic growth, but also contain robust protections for consumers. Mr. Kerry’s editorial emphasizes the need to foster global privacy ...

On November 22, 2012, the UK Ministry of Justice released a written ministerial statement (“Statement”) announcing the publication of its Government Impact Assessment on the European Commission’s legislative reform package on the EU data protection framework. The European Commission has claimed that a regulation implementing a single set of data protection rules across the European Union would save businesses around €2.3 billion a year. In its Statement, the Ministry of Justice disagrees, stating that the Commission’s proposals will impose burdens that “far outweigh” the benefits. At a time of great economic upheaval across Europe, the Ministry of Justice asserts that the regulatory burden should be reduced, not increased, to stimulate growth, and that it is “difficult therefore to justify the extra red-tape and tick box compliance that the proposals represent.” The Ministry of Justice also notes that “[t]he UK Government is seriously concerned about the potential economic impact of the proposed data protection Regulation.”

On November 28, 2012, the UK Information Commissioner’s Office (“ICO”) issued monetary penalties totaling £440,000 to two owners of a marketing company that sent millions of unlawful spam SMS text messages over a period of three years.

On November 27, 2012, the International Chamber of Commerce of the United Kingdom (“ICC UK”) released the second edition of its cookie guidance (the “Guidance”). The ICC UK released the first edition of the Guidance in April of this year, and has produced this latest version to take into account updated guidance released by the UK Information Commissioner’s Office (“ICO”), the Article 29 Working Party Opinion 04/2012 on cookie consent exemption and new UK advertising rules on online behavioral advertising.

On November 19, 2012, 40 German advertising associations launched the “German Data Protection Council for Online Advertising,” a new initiative to coordinate and enforce self-regulation in the German online behavioral advertising (“OBA”) sector. The initiative is linked to the European Interactive Digital Advertising Alliance (“EDAA”), which manages the self-regulation efforts of the European online advertising industry.

On December 3, 2012, the Centre for Information Policy Leadership (the “Centre”) at Hunton & Williams will co-host a special International Association of Privacy Professionals (“IAPP”) KnowledgeNet meeting in Brussels, Belgium. The meeting will explore global developments in accountability in the context of the proposed EU Data Protection Regulation and the impact of accountability on data protection management.

Hunton & Williams is pleased to announce the firm maintained its top-tier “Band 1” ranking in Data Protection in the 2013 edition of Chambers UK. Our London-based principals also maintained their high rankings as leading Data Protection lawyers:

• Bridget Treacy, managing partner of the firm’s London office and head of the UK Privacy and Data Security practice, was ranked as a “Star Individual.”
• Richard Thomas, Global Strategy Advisor to the Centre for Information Policy Leadership at Hunton & Williams LLP, was ranked as a “Senior Statesman.”
• Rosemary Jay, a senior ...

On November 16, 2012, European Data Protection Supervisor Peter Hustinx published an Opinion on the European Commission’s Communication on cloud computing (part of the Commission’s broader cloud computing strategy). The Opinion focuses on the accountability principle and emphasizes the importance of clearly defining the responsibilities of all parties involved in cloud computing, and analyzes specific cloud computing issues in the context of both the current EU data protection framework, as well as the proposed General Data Protection Regulation.

On November 15, 2012, the UK Office of Fair Trading (the “OFT”) launched a call for information to investigate whether offering “personalized pricing” based on data companies collect about consumers’ online behavior violates consumer protection legislation in the UK. The OFT will look at how companies gather data related to “consumers’ browsing history, purchases, demographic, hardware, operating system, etc and use this to personalise products and prices.” In particular, as indicated on the OFT’s website, the OFT will analyze:

On November 20, 2012, the UK Information Commissioner’s Office (“ICO”) published guidance on IT asset disposal for organizations (the “Guidance”) to explain “to data controllers what they need to consider when disposing of electronic equipment that may contain personal data.”

On November 20, 2012, the UK Information Commissioner’s Office (“ICO”) published “Anonymisation: Managing Data Protection Risk Code of Practice” (the “Code”). The purpose of the Code is to provide organizations with a framework for assessing the risks of anonymization. It also sets forth good practice recommendations that may be adopted by organizations to provide a “reasonable degree of confidence” that the publication and sharing of anonymized data will not lead to an “inappropriate disclosure of personal data.” The published Code follows a consultation on the same topic earlier this year. The ICO also announced the creation of the UK Anonymisation Network, which will promote the sharing of good practices related to anonymization across the public and private sectors.