Tag archives: data protection

EU Article 29 Working Party prepares for General Data Protection Regulation and responsibilities as European Data Protection Board

Data Protection Report - Norton Rose FulbrightOn February 11, 2016, the Article 29 Working Party (WP29) issued a statement setting out its 2016 action plan for implementation of the General Data Protection Regulation (GDPR) and its work programme for 2016-2018. WP29 will have 8 working groups leading the implementation of the 2016-2018 work programme. The statement highlights the following points: WP29 … Continue reading

Political agreement on EU Data protection reforms: the real count-down to compliance has started

Data Protection Report - Norton Rose FulbrightOn December 15, the Civil Liberties Committee (LIBE) of the European Parliament issued a press release announcing a provisional political agreement between the European Parliament and Council negotiators on the texts of both the General Data Protection Regulation and the Police & Judicial Cooperation Data Protection Directive.  Formal approval by the Council is expected shortly and … Continue reading

Council and European Parliament reach agreement on NIS Directive

Data Protection Report - Norton Rose FulbrightOn December 7, 2015, the Council of the European Union (the Council) reached an informal agreement with the European Parliament on a new EU directive on network and information security (NISD). The agreement marks the conclusion of two years of work, since the European Commission (the Commission) and the High Representative of the European Union … Continue reading

Belgian court orders Facebook to stop tracking non-members, rejects FB’s assertion of lack of jurisdiction

On November 9, 2015, the President of the Brussels Court of First Instance ordered Facebook to stop tracking non-members in Belgium without their consent. The court imposed a penalty of EUR 250,000 per day for non-compliance. The proceeding is the result of a formal recommendation that the Belgian Privacy Commission (BPC) issued in May 2015 … Continue reading

Reports suggest US-EU agreement on cross-border data transfers near, but will it stick?

Data Protection Report - Norton Rose FulbrightIt is being reported that the EU and the US have reached an agreement in principle on the revised cross-border data transfer framework, commonly referred to as Safe Harbor 2.0. Both sides expect further progress on the specifics in November of this year. Some of the thornier issues, however,regarding US surveillance activities, that are critical to addressing the concerns … Continue reading

Schrems Counterpoint: ECJ has good reasons to reject Safe Harbor invalidation

Data Protection Report - Norton Rose FulbrightThe European Court of Justice (ECJ) is expected to rule on Case C-362/14 (the “Schrems” case) on October 6, 2015.  In deciding whether to reject or adopt its Advocate General’s recommendation to invalidate the US-EU Safe Harbor, the ECJ finds itself between the proverbial rock and a hard place. Rejecting the Safe Harbor would lead to uncertainty in the ongoing … 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

Dutch Data Protection Authority publishes consultation version of guidelines on breach notice law

Data Protection Report - Norton Rose FulbrightOn the heels of the enactment of the Dutch breach notice law, the Dutch Data Protection Authority (CBP) published a consultation document with draft guidelines on the breach notice obligation of data controllers in the Netherlands. Under the law, data controllers are required to provide notice of data breaches to the CBP and, under certain circumstances, to … 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

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

NAIC adopts cybersecurity guidance for insurance regulators and the insurance industry

Data Protection Report - Norton Rose FulbrightThe National Association of Insurance Commissioners (“NAIC”), a standards-setting organization comprised of insurance regulators from across all U.S. jurisdictions, has recently adopted twelve Principles for Effective Cybersecurity Insurance Regulatory Guidance (the “Principles”).  The Principles arrive in in the wake of the prominent Anthem data breach, highlighting the importance of protecting sensitive personal data in the … Continue reading

Dispute resolution mechanisms for SAs and individuals are key part of proposed EU regulation

Data Protection Report - Norton Rose FulbrightThis is Part 5 — the final part — of a five-part series on the “One Stop Shop” mechanism in the proposed new European data protection regulation. In Part 1 we examined why there is a need for a One Stop Shop, and what it is. In Part 2 we examined the concept of main establishment and the position of entities without … Continue reading

EU regulation proposal seeks to encourage consistency in data protection enforcement

Data Protection Report - Norton Rose FulbrightThis is Part 4 of a five-part series on the “One Stop Shop” mechanism in the proposed new European data protection regulation. In Part 1 we examined why there is a need for a One Stop Shop, and what it is. In Part 2 we examined the concept of main establishment and the position of entities without an EU establishment. In Part … Continue reading

EU focuses on authority of SAs to enforce “One Stop Shop,” proposes a replacement for WP29

Data Protection Report - Norton Rose FulbrightThis is Part 3 of a five-part series on the “One Stop Shop” mechanism in the proposed new European data protection regulation. In Part 1 we examined why there is a need for a One Stop Shop, and what it is. In Part 2 we examined the concept of main establishment and the position of entities without … Continue reading

EU’s “One Stop Shop” Proposal Focuses on “Main Establishment” as Nexus of DPA Enforcement Authority

Data Protection Report - Norton Rose FulbrightThis is Part 2 of a five-part series on the “One Stop Shop” mechanism in the proposed new European data protection regulation. In Part 1 we examined why there is a need for a One Stop Shop, and what it is. In this Part we examine the concept of main establishment and the position of entities without … Continue reading

UK Court of Appeal Establishes Data Protection Rights in Privacy Case

Data Protection Report - Norton Rose FulbrightA recent English Court of Appeal judgment could significantly broaden the circumstances in which data protection litigation can be brought – and damages can be awarded – under English law. Background Vidal-Hall et al v Google ([2015] EWCA Civ 311) involves claims brought by three individual users against Google. The users alleged that Google collected private … 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

German draft bill to authorize privacy “class actions”

Data Protection Report - Norton Rose FulbrightThe German government recently released a draft bill seeking to grant authority to the country’s consumer and business associations to enforce compliance with data protection laws. Because the proposed draft bill appears to have received support from the governing parties, we believe there is a high probability of the bill being enacted in the near … 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

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
LexBlog