The Personal Information Protection Act (PIPA) came into force on January 1, 2004. The Act protects individual privacy by requiring, in most cases, private-sector organizations to obtain consent for the collection, use and disclosure of personal information and providing individuals with a right of access to their own personal information. The Act also requires private […]
From the Judgment: “The reply to the fifth question must therefore be that there is no ‘transfer [of data] to a third country’ within the meaning of Article 25 of Directive 95/46 where an individual in a Member State loads personal data onto an internet page which is stored with his hosting provider which is […]
From the Working Document: “This working document aims at contributing to a more harmonised application and interpretation of Article 26 (2) of the Directive in the Member States and facilitating data flows in cases where adequate protection is provided.” Referenced Authority: Directive 95/46/EC, Article 26(2) The full text is available at http://ec.europa.eu… Open pdf
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 […]
From the Introduction: “The objective of this document is to discuss the question of the international application of EU data protection law to the processing, in particular the collection, of personal data by web sites, which are based outside the European Union. This working document aims at being a useful tool and point of reference […]
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 […]
Committee on Professional Ethics Topic: E-mail Encryption Conclusion of the Committee: “The transmission of confidential information by way of e-mail or mobile (or cell) phone, absent extraordinary circumstances, does not violate Rule 1.6. Extraordinary circumstances include circumstances in which the lawyer should reasonably anticipate the possibility that his or her communication could be intercepted and confidences […]
Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data Summary This Regulation contains provisions aiming to protect personal data processed by […]
Committee on Professional Ethics Topic: Use of Computer Software to Surreptitiously Examine and Trace E-mail and Other Electronic Documents Digest of the Committee: “Lawyers may not ethically use available technology to surreptitiously examine and trace e-mail and other electronic documents.” Rules: DR 1-102(A)(4), DR 1-102(A)(5), DR 4-101, DR 7-102(A)(8), Canon 4, Canon 7, EC 4-1 […]
Commission Decision on standard contractual clauses for the transfer of personal data to third countries, under Directive 95/46/EC From the Decision: “The scope of this Decision is limited to establishing that the clauses in the Annex may be used by a controller established in the Community in order to adduce sufficient safeguards within the […]