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Inside Privacy Updates on Developments in Global Privacy & Data Security from Covington & Burling LLP

Category Archives: International

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Data Protection Officials Adopt Internet of Things Declaration and Big Data Resolution

Posted in International

At the International Conference of Data Protection and Privacy Commissioners in Mauritius this week, representatives of the private sector and academia joined together to discuss the positive changes and attendant risks that the internet of things and big data may bring to daily life. Attendees memorialized the observations and conclusions of their discussions in a… Continue Reading

Committees of European Parliament Hold Confirmation Hearing for Commissioner-Designate for Justice, Consumers, and Gender Equality

Posted in European Union

By Sophie Noya and Henriette Tielemans From September 29 to October 7, 2014, parliamentary Committees of the European Parliament (“EP”) will be holding public confirmation hearings with Commissioners-designates with a view to assessing their skills and qualifications ahead of the EP’s vote on October 22 to approve (or reject) the Council’s appointment of the new… Continue Reading

Internet of Things Poses a Number of Significant Data Protection Challenges, Say EU Watchdogs

Posted in European Union, International

The Article 29 Data Protection Working Party (“Working Party”), the independent European advisory body on data protection and privacy, comprised of representatives of the data protection authorities of each of the EU member states, the European Data Protection Supervisor (the “EDPS”) and the European Commission, has identified a number of significant data protection challenges related… Continue Reading

Article 29 Working Party Emphasizes Importance of Personal Data Protection for Big Data Operations and Development

Posted in European Union

A recent statement from the Article 29 Working Party, the independent European advisory body on data protection and privacy, comprised of representatives of the national data protection authorities of the EU Member States, the European Data Protection Supervisor and the European Commission, finds that the EU data protection principles, outlined in the EU Data Protection… Continue Reading

ISO’s New Cloud Privacy Standard

Posted in Cloud Computing, Data Security, European Union, International

This summer, the International Standards Organization (ISO) adopted a new voluntary standard governing the processing of personal data in the cloud — ISO 27018.  Although this recent development has gone mostly unnoticed by the technology and media press to date, the new cloud standard provides a useful privacy compliance framework for cloud services providers that… Continue Reading

Global App Review Finds 85% of Apps Have Privacy Shortcomings

Posted in European Union, Privacy Policies

By Monika Kuschewsky and Katherine Gasztonyi In May 2014, the Global Privacy Enforcement Network (“GPEN”) performed its second Global Privacy Sweep, in which 26 privacy enforcement authorities from 19 countries downloaded 1,211 mobile apps and assessed their privacy practices. On September 10, 2014, the Office of the Privacy Commissioner of Canada (“OPC”) published the results of the… Continue Reading

Big Data Analysis is Possible Without Infringing Key Privacy Principles, Says International Working Group

Posted in European Union, International, Uncategorized

“Data is everywhere. The amount of data on the global level is growing by 50 percent annually. 90 [percent] of the world’s data has been generated within the past two years alone,” explains the International Working Group on Data Protection in Telecommunications in their Opinion of May 6, 2014, titled, “Working Paper on Big Data… Continue Reading

President-Elect of the European Commission Unveils His New Team

Posted in European Union, International

By Lisa Peets and Maria-Martina Yalamova On September 10, 2014, President-elect of the European Commission, Jean-Claude Juncker, nominated his team of Commissioners.  However, there is still a lack of clarity around responsibility for the data protection portfolio, including the General Data Protection Regulation (“GDPR”).  It now appears that the portfolio will be coordinated among at… Continue Reading

New Version of Draft German Cybersecurity Law Published

Posted in European Union, Uncategorized

By Monika Kuschewsky and Sebastian Martin The German Federal Ministry of the Interior recently published its revamped proposal for an “IT Security” Law. A similar proposal had already been adopted by the previous German Government in March last year (see InsidePrivacy, German Government Proposes Cybersecurity Law, March 22, 2014). However, that proposal ultimately failed to… Continue Reading

Fraud Investigators Imprisoned for Illegally Collecting Personal Data in China

Posted in China, International

By Eric Carlson and Scott Livingston On Friday, August 8, 2014, a Chinese court convicted British fraud investigator Peter Humphrey and his wife, Yu Yingzeng, a naturalized US citizen, of illegally obtaining personal information.  Mr. Humphrey was sentenced to two and a half years in prison and fined RMB 200,000 (about US $32,000); Ms. Yu… Continue Reading

EU Court of Justice clarifies the definition of personal data and scope of access requests

Posted in European Union

By Jacqueline Clover and Monika Kuschewsky   The Court of Justice of the European Union (‘CJEU’) has ruled that an analysis produced by an administrative agency to inform and support the agency’s formal decisions (‘legal analysis’) is not of itself “personal data” as defined under Directive 95/46/EC (the ‘EU Data Protection Directive’).  This is the… Continue Reading

European Commission Wants Leaders to Embrace Big Data

Posted in International

On 2 July 2014, the European Commission issued a Communication titled “Towards a thriving data-driven economy”, which describes the features of such economy and sets out some operational conclusions. The Communication responds to the European Council’s conclusions of October last year which called for EU action to provide the right framework conditions for a single… Continue Reading

EU Justice Ministers Reach A Common Position on Aspects of the Draft EDPR

Posted in European Union

By Dan Cooper & Maria-Martina Yalamova On June 6, 2014, the Justice and Home Affairs Council of the European Union (the “Council”), representing individual EU Member States, reached a common position on certain important aspects of the draft European Data Protection Regulation (the “Regulation”).  Specifically, the Council reached an agreement on rules governing transfers of… Continue Reading

EU Parliamentary Elections: What Impact on the EU Data Protection Reform?

Posted in European Union, Uncategorized

By: Sophie Noya On May 22-25, EU citizens elected Members of the European Parliament (“MEPs”) for a five-year term.  Several of the key parliamentary decision-makers on the data protection reform have been reelected, including the strongest supporters of far-reaching privacy rights such as the rapporteur, German Green Member Jan Philipp Albrecht, and Dutch Liberal Sophia… Continue Reading

Google, the CJEU, and the Long Arm of European Data Protection Law

Posted in European Union, Online

By Dan Cooper, Mark Young and Kristof van Quathem On May 13, the European Court of Justice (the “Court”) handed down an important judgement in a referral from Spain’s National High Court involving Google, a Spanish national, and the Spanish data protection authority (Case C-131/12).  The decision has wide-ranging consequences regarding the application of EU… Continue Reading

Data Breaches on the Rise in 2014

Posted in Cybersecurity, Data Breaches, Data Security, International, United States

More than 200 million records were lost in digital breaches during the first three months of 2014, according to a new report that parses publicly available information on data breaches.   The records were lost in connection with at least 254 publicized breaches, according to SafeNet, a data security company that published the report. Those numbers… Continue Reading

European Data Protection Regulators Clarify the Scope of the Balancing Test Required for Reliance on the “Legitimate Interests” Ground for Data Processing

Posted in European Union

On 9 April, the Article 29 Working Party (“WP29”) adopted an Opinion on the notion of legitimate interests of the data controller under Article 7(f) of the EU Data Protection Directive 95/46/EC (the “Opinion”).  The Opinion has two main objectives:  to ensure correct interpretation and implementation of the “legitimate interest” ground for data processing at… Continue Reading

European Regulators Set Out Data Anonymization Standards

Posted in Data Security, European Union

By Kristof van Quathem and Dan Cooper On April 10, 2014, the Article 29 Working Party adopted an Opinion on anonymization techniques.  The Working Party accepts that anonymization techniques can help individuals and society reap the benefits of “open data” initiatives – initiatives intended to make various types of data more freely available – while… Continue Reading

The New EDPS Opinion “Privacy and Competitiveness in the Age of Big Data”

Posted in European Union

“The evolution of big data has exposed gaps in EU competition, consumer protection and data protection policies”, said Peter Hustinx, the European Data Protection Supervisor (EDPS), when presenting the EDP’s preliminary opinion on the interplay between these three policy areas. The Opinion titled “Privacy and Competitiveness in the Age of Big Data”, issued on 26… Continue Reading

EU Data Retention Directive Declared Invalid by Court of Justice of the EU

Posted in European Union

By Philippe Bradley and Mark Young The Court of Justice of the European Union (CJEU) today held that the EU Data Retention Directive (Directive 2006/24/EC)1 is invalid.  The CJEU ruled that the retention of data under the Directive constitutes an impermissibly broad and serious interference with fundamental human rights to private life and the protection of personal… Continue Reading