Scholarly Articles & Institutional Publications

From the Introduction: “Defining the law applicable to the processing of personal data under Directive 95/46/EC (‘Directive’ or ‘Directive 95/46’) is a key issue for a number of reasons. Provisions on applicable law are crucial in determining the external scope of EU data protection law, in other words, to determine the extent to which EU […]

Topic: Preliminary check: personal data treatment related to a system to evaluate employees Verifica preliminare: trattamento di dati personali connesso ad un sistema di valutazione dei dipendenti “Il trattamento in questione, individuato nei termini sopra descritti, in base alle vigenti disposizioni in materia di protezione dei dati personali dovrà avvenire con modalità rispettose dei diritti e […]

Topic: Google Street View: cars shall be identifiable Google Street View: le auto dovranno essere riconoscibili L’Autorità Garante della Privacy: “dispone, ai sensi degli artt. 143, comma 1. lett. b) e 154, comma 1, lett. c) del Codice, che Google Inc. entro trenta giorni dalla notificazione del presente provvedimento: a) provveda a designare un proprio rappresentante stabilito nel […]

FAQs in order to address some issues raised by the entry into force of the EU Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC   “The following FAQs, prepared by the Article 29 Working Party, intend to […]

Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council   From the Decision: “The scope of this Decision should be limited to establishing that the clauses which it sets out may be used by a […]

Purpose of the Guide to Implementing Privacy: “The purpose of the Department of Homeland Security (DHS or Department) Privacy Office Guide to Implementing Privacy (Guide) is to inform the Department, other federal agencies, and the public about how the DHS Privacy Office implements privacy at DHS. The Guide provides an overview of the DHS Privacy […]

Loyola of Los Angeles Law Review, Vol. 43, No. 2, 2010   Abstract from the article: “In the thirteen years since its enactment, section 230 of the Communications Decency Act has become one of the most important statutes impacting online speech, as well as one of the most intensely criticized. In deceptively simple language, its […]

Conclusion of the Article: “Although the overarching purpose of the HITECH Act [Health Information Technology for Economic and Clinical Health Act of 2010] is to provide a path for the federal government to achieve its goal of establishing widespread use of electronic health records by 2014, the HITECH Act’s reach extends more broadly than just […]

CDT insists on “the need to develop some type of private or public legal regime that ensures identity providers properly safeguard consumer privacy in the emerging identity management industry”. CDT also highlighted that “If identity services are covered under the FCRA, relying parties would also have a number of important FIPs-related obligations including: Use Limitation […]

Stanford Law Review, Vol. 63, January 2011 UC Berkeley Public Law Research Paper No. 1568385   Abstract from the article: “U.S. privacy law is under attack. Scholars and advocates criticize it as weak, incomplete, and confusing, and argue that it fails to empower individuals to control the use of their personal information. These critiques present […]