This month, BIS published a consultation entitled "Implementing the revised EU electronic communications framework: Overall approach and consultation on specific issues".  The consultation sets out, inter alia, the Government's approach to the implementation of the revised E-Privacy Directive.  The Government is seeking views on the changes required by the Directive, which include:
  • the establishment of a system for notifications to the Information Commissioner in the event of a personal data security breach
  • the introduction of "effective, proportionate and dissuasive penalties" for any infringements of the provisions of the revised Directive
  • a new opt-in requirement for cookies, from a "right to refuse" to obtaining consent
 Website owners and online advertising providers will be pleased with the Government's position on the implementation of the opt-in requirement for cookies.  The Government rejects the establishment of an opt-in system which would mean that users would have to consent to every cookie placed on their computer.  Instead, it intends … Continue Reading ››
Germany's Interior Minister, Thomas de Maizière, has announced that Germany plans to strengthen its privacy laws in response to public concerns over Google Street View.  The statement was made following a meeting with Google and other companies on Monday.  Mr de Maizière said the government would introduce the new privacy code at a government information-technology summit in December. Google and other interested parties have been asked by the government to submit suggestions for self-regulation between now and the summit.  "I expect the services to commit to strong privacy rules," said Mr. de Maizière.  Google's statement said, "Any future legislation must make sure that in addition to the requirements of data protection, the development of innovative business opportunities and modern technology are allowed to flourish." But added it was willing to "contribute constructive conversations" around the debate.  Germany is not the only country where Google Street View has run into political and legal … Continue Reading ››
Italy is facing a “revolution” in the phone marketing field. Last week a new law passed providing for the “opt-out” principle as regards phone calls for direct marketing purposes. This is not the same law as the one we commented few months ago. It is very similar though, and the result is the same: no more opt-in for calls to phone numbers included in public directories and having marketing purposes; a register of opt-outs (a Robinson list) in which data subjects shall have to enrol in order not to receive marketing calls. As already mentioned, there are many discussions within experts, operators and consumers’ associations. The Data Protection Authority issued a press-release in which it expressed “concern” about the existence of a Robinson List which would encumber data subjects with additional obligations. The register would be managed by a non-identified “public body” having “competence in the field”, while supervision and control over … Continue Reading ››
Objections by the Republic of Ireland last week delayed a deal between the State of Israel and the European Union over the transfer of personal data relating to EU citizens. As Datonomy readers know, data export rules to safeguard EU citizens' personal data only permit the transfer of such data out of the EU to countries that are deemed to have adequate data protection laws which are effectively akin to the standards adhered to by all EU member states. By entering into a "data adequacy agreement" with another country, the EU officially recognises that such country's data protection regime is suitably robust at protecting EU citizens' personal data. Data adequacy agreements are attractive to countries because they help to promote trade and commerce between such countries and the EU, removing the need for organisations which are transferring personal data out of an EU member state to seek approval to the transfer … Continue Reading ››
Datonomy has heard about the International Data Sharing Conference 2010. It promises to bring together leading international experts to discuss the technological, legal, ethical, and social challenges concerning the sharing of personal/identifiable data in the health and biomedical sectors. Existing and emerging issues in privacy, security, identifiability of research data, biobanks, governance of new research models, patient/participant-centric initiatives and technologies, international data-flows, biobanks, and genetic and genomic research will form the basis of discussion. Further information and a full conference programme is available on the Conference Website.