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U.S. and Europe at a Privacy Crossroads – IAPP New York KnowledgeNet event

Data Protection Report - Norton Rose FulbrightOn Wednesday, November 18, Boris Segalis, who co-chairs Norton Rose Fulbright’s Data Protection, Privacy and Cybersecurity practice in the U.S. will participate in an IAPP KnowledgeNet panel to discuss topics on the international agenda including Safe Harbor, the draft European General Data Protection Regulation, trade issues, and issues relating to national security and law enforcement.  The event will be key-noted … Continue reading

European Court of Justice Advocate General’s Advisory Opinion in Schrems case questions validity of personal data transfers under EU/US Safe Harbor framework

Data Protection Report - Norton Rose FulbrightOn September 22, 2015,  the European Court of Justice (“ECJ”) Advocate General issued an advisory Opinion in Case C-362/14 (the “Schrems” case). A key recommendation was for the ECJ to declare the EU/US Safe Harbor Agreement invalid. It remains to be seen whether the ECJ will follow this recommendation. The controversial nature of the Safe … Continue reading

Former Privacy Commissioner of Canada Jennifer Stoddard to headline a privacy event at Norton Rose Fulbright’s Montreal office

Data Protection Report - Norton Rose FulbrightOn September 25, 2015, Jennifer Stoddard will visit Norton Rose Fulbright in Montreal to discuss the proposed sweeping reforms to Quebec’s legislation governing access to information and protection of personal information in the public sector. These reforms include proactive publication of government information at all levels, including studies and statistics in health and education and … Continue reading

Breach notice law in the Netherlands takes effect on 1 January 2016

Data Protection Report - Norton Rose FulbrightToday the Royal Decree setting the date of entry into force of the Bill on Notification of data leaks was published. The law will take effect on 1 January 2016 and introduces an obligation on data controllers in the Netherlands to notify the Dutch Data Protection Authority (College Bescherming Persoonsgegevens) and affected individuals and significantly increases … Continue reading

NLRB asserts employers must bargain with unions on breach response

Data Protection Report - Norton Rose FulbrightThe U.S. National Labor Relations Board (NLRB) recently filed complaints against the United States Postal Service (USPS), alleging that the USPS violated the National Labor Relations Act (NLRA) by failing to collectively bargain with its employees’ union regarding the postal service’s response to a 2014 data breach that reportedly affected over 800,000 current and former … Continue reading

Energy cybersecurity – a critical concern for the nation

Data Protection Report - Norton Rose FulbrightWe have long recognized that effects of cyber-attacks are not limited to the virtual space, and can affect our physical environment. For example, a stolen trade secret may lead to a competitor who copies the design, to lost sales, to lost jobs. However, the relationship between cybersecurity and physical security is far more direct and … Continue reading

Ontario Court of Appeal finds patients’ common law privacy rights not preempted by statute; allows class action to proceed

Data Protection Report - Norton Rose FulbrightIn a recent case involving a breach of patients’ privacy rights — Hopkins v Kay,[i] — the Ontario Court of Appeal ruled that a proposed class action could proceed based on allegations of violation of patients’ common law privacy rights, concluding that those rights were not preempted by the Personal Health Information Protection Act (PHIPA). … Continue reading

White House presses for robust sharing of cyber-threat information

Data Protection Report - Norton Rose FulbrightOn February 13, 2015, President Obama spoke forcefully on cybersecurity threats at the Cybersecurity and Consumer Protection Summit, and signed an Executive Order designed to encourage the sharing of cyber-threat information through the formation of “hubs” – Information Sharing and Analysis Organizations (ISAOs). The President observed that much of the United States’ critical infrastructure runs … Continue reading

Importance of data privacy and transparency in the UK highlighed by Investigatory Powers Tribunal decision

Data Protection Report - Norton Rose FulbrightA recent landmark ruling from the UK’s Investigatory Powers Tribunal has highlighted the growing importance the UK courts place on data privacy and transparency. It is the first occasion that the Investigatory Powers Tribunal has upheld part of a complaint against the intelligence agencies since it was set up in 2000. On February 6, 2015 … Continue reading

Privacy action in Russia indicates enforcement focus on Western companies

Data Protection Report - Norton Rose FulbrightAccording to news reports in Russia, the Russian Federation’s data protection authority – Roscomnadzor – may be targeting Western companies for enforcement action. What appears to be the first enforcement action of this kind is directed at Twitter. At the heart of the action is an assertion by the head of Roscomnadzor that, while Twitter … Continue reading

China requires providers to enforce real-name registration and ban on “harmful” usernames

Data Protection Report - Norton Rose FulbrightThe Cyberspace Administration of China announced on February 4, 2015 new regulations requiring Internet users to register accounts under their real names for social network sites like blogs, discussion forums, comment sections, instant messaging, and related services. The rules impose the obligation to enforce the restrictions on affected businesses, including Western companies operating in China. The new regulations come … Continue reading

Cybersecurity incident notification bill introduced in the Netherlands

Data Protection Report - Norton Rose FulbrightOn January 22, 2015, the Netherlands proposed legislation introducing breach notification requirements for critical infrastructure industries, including utilities (electricity, gas and drinking water), telecom, financial services, government (surface-water management bodies) and transport (main ports Rotterdam and Schiphol airport). The proposed law would require notification in the event of a breach of security or loss of … Continue reading

Employee privacy regulations on the agenda for Abu Dhabi Global Market

Data Protection Report - Norton Rose FulbrightOmnibus data privacy laws are few and far between in the Middle East. None of the six states of the Gulf Co-Operation Council (GCC)—which comprises Saudi Arabia, Kuwait, Oman, Qatar, Bahrain and the United Arab Emirates—have issued national privacy legislation, although several have draft regulations under consideration. By contrast, the financial “free zone” jurisdictions of … Continue reading

Encryption of patient personal information to be the law of the land in New Jersey

Data Protection Report - Norton Rose FulbrightFollowing a number of reports of theft and misplacement of computer disks, laptops, and thumb drives containing unencrypted patient information from New Jersey medical centers, the New Jersey state legislature enacted a law on January 9, 2015, which prohibits health insurance carriers from electronically compiling and maintaining certain patient information unless that information has been … Continue reading

California enacts “Right to be Forgotten” for Minors

Data Protection Report - Norton Rose FulbrightFollowing Europe’s recognition of the “right to be forgotten” online, California has enacted its own version of the requirement, though limited to the state’s residents who are minors under 18 (“Minors”). The California law (Cal. Bus. & Prof. Code §§ 22580-81), which became effective January 1, 2015, applies to websites, social media sites, mobile apps … Continue reading
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