European Commission Decision 2010/87/EU

European Commission Decision 2010/87/EU 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 Official Journal of the European Union L39/5, February 12, 2010   Whereas of the decision: “(2) Article 26(2) of Directive 95/46/EC provides that Member States may […]

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Maryland State Bar Association Opinion 2007-09

Committee on Ethics, Ethics Docket No. 2007-09 Topics: metadata (set “in the context of litigation” but “general in nature”) From the Opinion: When transmitting a document with metadata, “absent an agreement with the other parties (such as is contemplated in proposed Federal [Rules] 16(b)(5) and (6)), the sending attorney has an ethical obligation to take […]

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European Court of Justice, Joined cases C-317/04 and C-318/04 – Opinion of Advocate General Léger

From the Opinion: “38.      The Community legislature also wished that the protective regime thus established should not be impaired when personal data leave Community territory. It became apparent that the international dimension of information flows  would render legislation that was effective only in that territory inadequate if not useless. The Community legislature therefore opted for a […]

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Commission of the European Communities, Staff Working Paper, SEC (2004) 1323

Commission Staff Working Paper, The implementation of Commission Decision 520/2000/EC of 26 July 2000 pursuant to Directive 95/46 of the European Parliament and of the Council on the adequate protection of personal data provided by the Safe Harbour Privacy Principles and related Frequently Asked Questions issued by the US Department of Commerce   From the […]

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EU Directive 2002/58/EC

EU Directive 2002/58/EC, concerning the processing of personal data and the protection of privacy in the electronic communications sector (“Directive on Privacy and Electronic Communications”)   “The Directive on Privacy and Electronic Communications, known as the ePrivacy Directive, sets out rules on how providers of electronic communication services, such as telecoms companies and Internet Service […]

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Commission of the European Communities, Staff Working Paper, SEC(2002) 196

Commission Staff Working Paper, The application of Commission Decision 520/2000/EC of 26 July 2000 pursuant to Directive 95/46 of the European Parliament and of the Council on the adequate protection of personal data provided by the Safe Harbour Privacy Principles and related Frequently Asked Questions issued by the US Department of Commerce   From the […]

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David Hricik, E-mail and Client Confidentiality: Lawyers Worry Too Much about Transmitting Client Confidences by Internet E-mail, 11 Geo. J. Legal Ethics 459 (1998)

Summary of the Article: “…On-Line Service Providers (OSP) provide Internet access while also allowing access to their own private content that is not available on the Internet to the public…The Federal Wiretap Act expressly provides that interception of a phone call — whether it is being transmitted over a land-based phone line, a cordless phone […]

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EU Directive 95/46/EC

EU Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data   “Article 1 – Object of the Directive 1. In accordance with this Directive, Member States shall protect the fundamental rights and […]

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