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On the First Day of Privacy, the EU Gave to Santa……

Posted in 12 Days of Privacy, EU Data Protection Regulation, European Union

Welcome to our series, “The 12 Days of Privacy” as we look to “gifts” that may be received this season and some of the big issues ahead …. Written by Susan Foster (LONDON)  Does Santa Claus have to comply with EU Data Protection laws?              If your company doesn’t have an… Continue Reading

EU sets sights on Google.com search results

Posted in EU Data Protection Regulation, European Union, Privacy Regulation, Social Media

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as country-specific search results. The Google Spain decision (discussed here) held that… Continue Reading

Privacy Monday (on Tuesday….) — November 17, 2014

Posted in Cybersecurity, European Union, Federal Trade Commission, Privacy Monday, Security

Sometimes the day just gets away from you… Here are three privacy & security things you should know for your week: 1.  FTC Cites TRUSTe With Misrepresenting Practices – Fines $200,000 Apparently TRUSTe hasn’t been quite so …. the fine is part of an agreed settlement with the FTC, under which the Commission has charged… Continue Reading

UK Information Commissioner’s Office Launches Consultation on Privacy Seal Program

Posted in European Union, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) The UK’s Information Commissioner’s Office (ICO) is accepting comments from the public on a proposed UK privacy seal program.  The deadline for comments is October 3, 2014. The ICO intends to endorse at least one privacy seal program in 2015.   Privacy seal programs are… Continue Reading

Google, the House of Lords and the timing of the EU Data Protection Regulation

Posted in EU Data Protection Regulation, European Court of Justice, European Union, Privacy Regulation, Social Media

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) Could the European Court of Justice’s May 13, 2014 Google Spain decision delay the adoption of the EU Data Protection Regulation? In the Google Spain “Right to be Forgotten” case, the ECJ held that Google must remove links to a newspaper article containing properly… Continue Reading

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Posted in Cloud Computing, Cybersecurity, EU Data Protection Regulation, European Union

Written by Narges Kakalia Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails. Last week, in a case of first impression, a District Court in New York denied Microsoft’s request to quash a portion of a government warrant seeking data… Continue Reading

Honing in on the new rules for the transfer of personal data outside of the EEA

Posted in European Union, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) Although no major legislative milestones for the EU Data Protection Regulation have occurred since March 2014 (see status update here), there has been some progress over the late spring and early summer of 2014.  One key item that will be of interest to US… Continue Reading

No news doesn’t mean it’s gone away: Timing Update for the EU Data Protection Regulation

Posted in EU Data Protection Regulation, European Union, Privacy Regulation, Uncategorized

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) With no major legislative milestones since the March 2014 EU Parliamentary vote endorsing the LIBE draft of the new Data Protection Legislation, observers from outside the EU might understandably wonder whether the legislative process has derailed somehow.  But it hasn’t – the train has… Continue Reading

My company isn’t a search engine. Why should I care about Google Spain?

Posted in Data Breach, Data Compliance & Security, EU Data Protection Regulation, European Court of Justice, European Union, Legislation, Privacy Litigation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) Google – along with the rest of us – is still considering the implications of the European Court of Justice’s May 13, 2014 decision that Google must remove links to a newspaper article containing properly published information about a Spanish individual on the basis… Continue Reading

The latest thinking from Europe (while we are waiting for the Regulation)

Posted in Data Compliance & Security, European Union, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) Privacy practitioners from the US and Europe gathered in London on April 30 and May 1 to discuss current thinking about privacy policy, regulation and compliance at the IAPP’s European Data Protection Intensive conference. In the background to the current discussions, of course, we… Continue Reading

NYC Women in Intellectual Property Discuss Cybersecurity

Posted in Cybersecurity, Data Breach, Data Compliance & Security, European Union, Federal Trade Commission

Written by Andowah Newton Yesterday, Mintz Levin attended a panel breakfast sponsored by the New York City Bar’s Committee on Women in Intellectual Property.  The panel featured two practitioners, one from the public sector and one from the private sector.  The panel was moderated by Karen Greenberg, Director at Fordham Law’s Center.   Some takeaways that we… Continue Reading

New Draft Processor to Sub-processor Model Clauses (Art. 29 Working Party)

Posted in Cloud Computing, European Union, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California  (LONDON) The Art. 29 Working Party, a key advisory body to the EU Commission, recently proposed draft model clauses to cover the transfer of personal data from EEA data processors to non-EEA sub-processors. The draft model clauses have the potential to bring greater certainty to… Continue Reading

New Timeline for Adoption of Definitive EU Data Protection Regulation

Posted in European Union, Legislation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The European Commission announced yesterday that it is working towards a revised timeline for the adoption of a definitive Data Protection Regulation by the end of 2014. While Commissioner Viviane Reding’s press release about finalizing the Regulation by the end of 2014 has been… Continue Reading

On the 9th Day of Privacy, the European Union Gave to Me . . .

Posted in Data Breach Notification, Data Compliance & Security, Employee Privacy, European Union, Legislation, Privacy Regulation

. . .  a delayed delivery notice for the biggest package of the holiday season! Written by Susan Foster, Solicitor, England & Wales/Admitted in California, CIPP-E (LONDON) Major changes are on the way in Europe that will have a significant impact on companies anywhere in the world that collect or process personal data of residents… Continue Reading

European Commission Proposes New Ground Rules for US Safe Harbor

Posted in Data Compliance & Security, European Union, Legislation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The European Commission, which has the authority to make changes to the US Safe Harbor program, has published a paper titled “Rebuilding Trust in EU-US Data Flows” that sets out the changes that the Commission would like to see the US adopt.  While it… Continue Reading

Key EU Parliament Committee Endorses Revised Draft of Data Protection Regulation

Posted in Data Compliance & Security, European Union, Legislation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) As widely expected, the European Parliament’s Committee on  Civil Liberties, Justice and Home Affairs (LIBE) voted today in favor of a revised, even tougher draft of the Data Protection Regulation that will (if finally adopted) replace the EU’s current laws regarding the collection and… Continue Reading

Privacy Monday – October 21, 2013

Posted in Data Breach Notification, Data Compliance & Security, European Union, Mobile Privacy, Privacy Monday

Privacy tidbits and bytes for this Monday – App Developers – Put this on your calendar! Now that the US government shutdown is over, the Federal Trade Commission (FTC) has announced its participation in a workshop with the Application Developers Alliance and the California Attorney General’s office on best practices for mobile app privacy.  The Mobile Privacy… Continue Reading

Should we worry about Safe Harbor being suspended because of the NSA’s PRISM Program?

Posted in Data Compliance & Security, European Union

(LONDON) Various data protection power players have called for the suspension or curtailment of the US Safe Harbor program ever since the Snowden revelations that the US NSA has required large internet service providers such as Google to provide vast amounts of personal data transmitted by individuals in Europe (and elsewhere). As many of you… Continue Reading

Discussing Binding Corporate Rules: An Interview with Sue Foster

Posted in European Union

(LONDON)   Word from Europe is that the final report out of a European Parliament inquiry established to investigate the PRISM National Security Agency surveillance/Edward Snowden revelations will recommend suspension of the EU-U.S. Safe Harbor Framework. Without Safe Harbor, a U.S. company is left to full compliance with the EU Data Protection Directive, including express consent… Continue Reading

Commerce GC: Notice-and Choice No Longer Sufficient

Posted in European Union, Privacy Regulation

Outgoing U.S. Commerce Department General Counsel Cameron Kerry used the opportunity of his final public remarks to emphasize that a unified U.S. privacy framework is essential to the future of the digital economy. Legislation should not wait for some data disaster to happen that undermines the trust essential to a successful digital economy. One byproduct of the unauthorized disclosures… Continue Reading

New Enforcement Guidance from the UK’s Information Commissioner’s Office

Posted in Data Compliance & Security, European Union, Mobile Privacy, Privacy Regulation

(LONDON) Who is on the ICO’s radar these days?  August seems to be the month for getting new guidance documents out the door at the United Kingdom’s Information Commissioner’s Office.  The UK ICO has just published guidance as to when it is likely to take regulatory action. The new guidance should be reassuring to companies… Continue Reading

New Tools from the UK’s Information Commissioner’s Office: How to Respond to Subject Access Requests

Posted in Data Compliance & Security, European Union, Legislation, Privacy Litigation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The UK ICO has come through yet again with some clear guidance as to how to apply the UK’s data protection laws in connection with requests by individuals for access to their personal data.  While we are waiting with bated breath for a final… Continue Reading

Privacy Monday – July 29, 2013

Posted in 201 CMR 17.00, Cybersecurity, Data Breach, Data Breach Notification, European Union, Privacy Monday

Privacy goofs, gaffes and tidbits for the last Monday in July —   NSA Surveillance Causes More Grief –Germany Calls for a Stop to Safe Harbor:  Time for Binding Corporate Rules?  According to news sources the federal and state German data protection commissioners late last week sent a letter to German Chancellor Angela Merkel, requesting… Continue Reading

EU Data Protection Regulation: and the horizon recedes again . . .

Posted in European Union, Legislation, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) We recently wrote that a crucial committee vote on the new EU Data Protection Regulation had been pushed back until May 29-30.   The vote has been delayed again until an unspecified future date, although Jan Phillip Albrecht, the MEP who is one of the… Continue Reading