André Bywater discusses the state of the proposed reforms to the EU data protection rules, as well as the key elements that would be introduced by the suggested changes. The full text is available at: http://www.daftblogger…
On April 8, 2014 the European Court of Justice declared invalid Directive 2006/24/EC (“Data Retention Directive”) on the retention of data generated or processed in connection with the provision of publicly available electronic communications or public communications networks. The directive establishes that providers must retain traffic and location data as well as related data necessary […]
The social responsibility for businesses is an increasingly important topic. Lawyers and law firms are interested in this field under at least three perspectives: (i) as counselors for their clients on these issues; (ii) as suppliers of services to their clients, when they are asked to adhere to their clients’ code of conduct; and (iii) […]
On April 25, 2014 James Francis, Magistrate Judge of the Southern District of New York, held that all U.S.-based Internet, email, and on-line storage providers can be forced to hand over overseas data, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s […]
In a case of first impression, a New York Magistrate Judge held that US-based Internet service providers must turn over data stored overseas, if so requested by a U.S. government search warrant. The case itself addressed a search warrant issued to Microsoft for a customer’s data stored in Dublin, Ireland. More information on the Court […]
On March 12, 2014, the European Parliament approved in its plenary section the Commission’s data protection reform proposal. The reform consists of two bills: a Regulation setting out a general EU framework for data protection and a Directive on protecting personal data processed for the purposes of prevention, detection, investigation or prosecution of criminal offences […]
The page describes the W3C work on Tracking Preferences and a Do Not Track Button. According to W3C “users need a mechanism to express their own preferences regarding tracking that is both simple to configure and efficient when implemented”. Abstract “This specification defines the DNT request header field as an HTTP mechanism for expressing […]
Topic: Independency of National Data Protection Authorities Relevant Law: EU Directive 95/46/EC Regulation (EC) No 45/2001 The full text of the judgments is available at: http://curia.europa… Open Pdf
European Court of Justice (“ECJ”) held that Data Protection Directive 95/46/EC requires national supervisory authorities for the protection of personal data to operate with complete independence in the exercise of their duties. Hungary failed to fulfill such obligations by prematurely ending the term served by its national supervisory authority. Mr. András Jóri had been appointed […]
On April 7, 2014, the District Court held that the Federal Trade Commission (“FTC”) has authority to bring an unfair trade practice claim involving data security without formally issuing regulations before bringing such claim. Defendants used a computer system that handled reservations and payment card transactions while storing consumers’ personal information, “including names, addresses, email […]