Five lawyers as public advocates for the Foreign Intelligence Surveillance Court (FISC)

  As provided for by the USA Freedom Act, in December 2015, the Foreign Intelligence Surveillance Court (FISC) designated five amici curiae who will act as outsider public advocates. The five named attorneys are Jonathan G. Cedarbaum, John D. Cline, Laura Donohue, Amy Jeffress, and Marc Zwillinger. The FISC is considered the most secret court. […]

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Within January 29 Spanish companies must cease data transfer under the Safe Harbor (see AEDP’s communication)

  According to these sources (see here in Spanish and here in English), in November 2015, the Agencia Española de Proteccion de Datós (AEPD) sent a notice to all Spanish companies known to transfer data to third countries. The AEDP asked those companies to cease international data transfers after the European Court of Justice held the Safe Harbour […]

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An update from Google on the “right to be forgotten” in Europe

  In November 2015, Google published a report accounting for European privacy requests for search removals after the European Court of Justice issued its famous “right-to-be-forgotten” decision in the Costeja case, C-131/12, holding that data subjects have a right to obtain the delisting of links appearing in the search results based on their name. According to the document, Google evaluated the […]

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The Sedona Conference Commentary on Privacy and Information Security: Principles and Guidelines for Lawyers, Law Firms, and Other Legal Service Providers

Working Group 1 of The Sedona Conference announces “the final release of its new Commentary addressing the evolving responsibilities that lawyers, law firms, and other legal service providers have to provide security for their own, their clients’, and third parties’ private and confidential information”. This final version of The Sedona Conference Commentary on Privacy and Information Security: Principles […]

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EU Commissioner Jourová spoke in DC about transatlantic data transfer

  On November 16, 2015, EU Commissioner Věra Jourová spoke in Washington about transatlantic data flow. After highlighting the importance of safeguarding, at the same time, the fundamental right to privacy, security, and economic opportunities and business growth, she remembered the latest developments in this area: (a) negotiation on an “umbrella” agreement on privacy and […]

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Jonathan Armstrong, Gayle McFarlane, and André Bywater, European Commission Issues Post-Schrems Communication on EU-US Data Transfers

Introduction Developments following the European Court’s 6 October 2015 Schrems ruling that declared data transfers under Safe Harbor invalid continue apace with the publication of an official 16-page Communication from the European Commission of 6 November. Please refer to our main alert for the background and our comments (including 3 videos) on the Schrems judgment and its consequences along with […]

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Allyson Haynes Stuart, A Tale of Two Data Privacy Actions: What Constitutes Harm in the US and EU?

The vast difference between the views of privacy held in the US and in the EU is illustrated by the divergent paths of two prominent data privacy actions.  In the EU, the action was brought by Max Schrems as a complaint before the Irish Data Protection Commissioner, claiming that Facebook’s transfer of user data to […]

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FTC and European DPAs discuss ways to improve privacy protection at the 2015 Amsterdam Privacy Conference

On October 23, 2015, FTC Commissioner Julie Brill gave the keynote at the Amsterdam Privacy Conference. According to her talk, the EU Court of Justice (ECJ) recent decision to hold Safe Harbour decision invalid (see here)  is an opportunity to improve privacy laws on both sides of the Atlantic. The ECJ decision highlighted “the need to have an […]

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