Italian DPA issues 2016 annual activity report – some interesting (and perhaps unexpected) information

On June 6, 2017, the Italian Data Protection Authority (DPA), the Garante per la Protezione dei Dati Personali, issued the annual report on its activity for 2016. The DPA’s activity concentrated on computer crimes and cyber security; online profiling and social media; cyberbullying; fight against terrorism and mass surveillance; Big Data; use of new technologies […]

SCOTUS to decide whether a warrant is needed to obtain location data from cellphone carriers

On June 5, 2017, the Supreme Court granted a writ of certiorari to review the decision by the Sixth Circuit holding that the protection granted under the Fourth Amendment did not prevent the government to access business records from the defendants’ wireless carriers revealing the user’s location without obtaining a warrant. In Carpenter v. United States […]

ICO issues guide to encryption

  The Information Commissioner Officer (ICO) published a guide discussing the use of encryption. The guide provides a range of practical scenarios highlighting “when and where different encryption strategies can help provide a greater level of protection.” Overview of the Guide: Encryption protects information stored on mobile and static devices and in transmission. It is a […]

ICO issues data sharing code of practice

  The Information Commissioner Officer (ICO) published the data sharing code of practice. The document is a statutory code, issued by the under section 52 of the Data Protection Act (meaning that the code  has been approved by the Secretary of State laid before Parliament). It is not an authoritative statement of the law but […]

Executive order on strengthening cybersecurity issued by Trump Administration

On May 11, 2017, the Administration Trump issued an executive order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. The executive order contains three sections. The first section deals with cybersecurity of federal networks. Agencies shall implement the NIST framework for risk management and risk reduction, federal IT for shared services shall use the […]

Sean Baird, GDPR matchup: The Health Insurance Portability and Accountability Act

Sean Baird examines the similarities and differences in the requirements for the collection, use and protection of information subject to the U.S. Health Insurance Portability and Accountability Act, and the treatment of health information as “sensitive personal data” under the GDPR, including “data concerning health” — namely the scope of information covered, the entities covered […]

EDPS comments on the ePrivacy Regulation Proposal and calls for strong rules to protect confidentiality of communications (Opinion 6/2017)

On April 24, 2017, the European Data Protection Supervisor (EDPS) released Opinion 6/2017 on the Proposal for a Regulation on Privacy and Electronic Communications (ePrivacy Regulation Proposal). The EDPS welcomes the Proposal for the Regulation. There is a need of “a specific legal tool to protect the right to private life guaranteed by Article 7 […]

WhatsApp was issued a EUR 3 million fine for forcing users to share their personal data with Facebook

  On May 11, 2017, the Italian Antitrust Authority (Garante della Concorrenza e del Mercato “ICA”) found that WhatsApp infringed the Italian Consumer Code. In particular, according to the ICA, WhatsApp forced the users of its service “to accept in full the new Terms of Use, and specifically the provision to share their personal data with Facebook, […]