French DPA (CNIL) launches consultation to help prepare for the GDPR

On June 16, 2016, the French data protection agency (CNIL) opened a consultation on the EU Data Protection Regulation (GDPR). The consultation aims at helping the Article 29 Working Party with the guidelines that it is preparing on Data Protection Officers, data portability, Privacy Impact Assessment, and certification. The purpose is to collect concrete questions, […]

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Christopher Kuner, Reality and Illusion in EU Data Transfer Regulation Post Schrems

Interesting article discussing international data transfer between Europe and the U.S. Abstract:  “In Schrems v. Data Protection Commissioner, the Court of Justice of the European Union invalidated the EU-US Safe Harbour arrangement allowing personal data to be transferred to the US. The judgment affirms the fundamental right to data protection, defines an adequate level of […]

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French Constitutional Council finds mass surveillance bill constitutional

  On July 23, 2015, the Constitutional Council (Conseil Constitutionnel) validated most of the Loi Renseignement containing several mass surveillance provisions (see here), which had been suspected of being unconstitutional. The Constitutional Council censored a couple of provisions of the law. Among others, it specifically deemed the procedure for “operational emergency” manifestly disproportionate with reference to the right […]

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Italian Data Protection Authority’s guidelines for controllers of biometric data

On November 12, 2014, the Autorità Garante della Privacy (Italian Data Protection Authority) issued a decision together with guidelines on the processing of biometric data. The DPA clarified that “a biometric data is a personal data as it can always be considered to be “information relating to an identified or identifiable natural person” by having […]

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Right to be forgotten in the USA and in Europe

The recent decision of the European Court of Justice in Google Spain SL v Agencia Española de Protección de Datos is a good opportunity to compare the obligation of search engines with reference to the search results in Europe and United States. The ruling of May 13, 2014, holds that all European citizens have a “right to […]

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