Maria-Martina Yalamova

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Brazil Extends the Consultation Period on Its Draft Data Protection Law until April 30

In February 2015, the Brazilian government issued a draft of Brazil’s first comprehensive privacy law, the Preliminary Draft Bill for the Protection of Personal Data (the “Draft Bill”).  The Draft Bill builds on and codifies certain concepts relating to the treatment of personal data already present in Brazilian constitutional, statutory and case law. The Draft … Continue Reading

Have EU Privacy Regulators Just Spelled the End of Web Tracking?

On November 25, 2014, the Article 29 Working Party (“WP29”) issued an opinion paper on device fingerprinting (the “Opinion”).  The Opinion builds on existing guidance on cookies (Opinion 04/2012) and confirms that organizations wishing to generate “device fingerprints” by storing or accessing information on a user’s device must obtain user consent (unless an exemption applies). … Continue Reading

ISO’s New Cloud Privacy Standard

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

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

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

Advocate General finds the EU’s Data Retention Directive Incompatible with the Fundamental Right to Privacy

By Maria-Martina Yalamova & Mark Young On 12 December 2013, the Advocate General (“AG”) to the Court of Justice of the European Union (the “CJEU”), Mr Cruz Villalón, gave an opinion that the EU’s Data Retention Directive 2006/24/EC (the “Directive”) violates the fundamental right to privacy in the EU.  His reason, in short, is that … Continue Reading