Asian-Pacific Economic Cooperation, Data Privacy

APEC Data Privacy Pathfinder (Sept 2007): “established by APEC Ministers to achieve accountable cross-border flow of personal information within the APEC region. This goal is to be achieved by developing and implementing a Cross-Border Privacy Rules (CBPR) system, consistent with the APEC Privacy Framework which was endorsed by APEC Ministers in 2004″. APEC Privacy Framework (published […]

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 […]

Joel A. Osman, Technology and the Challenge of Maintaining Client Confidences, (County Bar Update, October 2005, Vol. 25, No. 9)

Los Angeles County Bar Association   From the Article “The California Constitution declares that we all have a right to privacy. Even with this constitutional protection, privacy as a practical matter is getting harder to maintain in the modern world. Every time you use a credit/debit card, drive your OnStar-equipped car, use a cell phone, […]

State Bar of Arizona Ethics Opinion 05-04

Arizona State Bar Association Committee on the Rules of Professional Conduct   Topic: Electronic storage; Confidentiality From the Opinion: “ER’s 1.6 and 1.1 require that an attorney act competently to safeguard client information and confidences. It is not unethical to store such electronic information on computer systems whether or not those same systems are used to connect […]

Article 29 Data Protection Working Party, Working Document Establishing a Model Checklist Application for Approval of Binding Corporate Rules

From the Working Document: “This checklist is designed to assist a group of companies when it applies for approval of its binding corporate rules and in particular to help demonstrate how the group complies with WP74.”   Relevant Law: Directive 95/46/EC, Article 26(2); Documents WP 74 The full text available at http://ec.europa.eu… Open pdf

Massachusetts Bar Association Opinion 05-04

[Approved by the Massachusetts Bar Association’s House of Delegates on March 3, 2005]   Summary of the Committee: “A law firm may provide a third-party software vendor with access to confidential client information stored on the firm’s computer system for the purpose of allowing the vendor to support and maintain a computer software application utilized […]

European Commission Decision 2004/915/EC, amending Decision 2001/497/EC

From the Decision: “This decision amends Commission Decision 2001/497/EC of 15 June 2001 on standard contractual clauses for the transfer of personal data to third countries under Directive 95/46/EC for the purpose of laying down an effective model set of standard contractual clauses which ensures adequate safeguards for the transfer of data to third countries.” […]

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 […]