Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: International Privacy Law

Subscribe to International Privacy Law RSS Feed

Privacy Law in a Nutshell

Posted in Cybersecurity, Federal Legislation, Information Security, International Privacy Law, Marketing, Privacy
BakerHostetler Privacy and Data Protection Partner Erica Gann Kitaev is a co-author of the recently published Privacy Law in a Nutshell, Second Edition, through West Academic Publishing. Legal issues related to privacy are exploding in the U.S., and virtually all businesses face privacy considerations, particularly as technology and the law evolves.  The Privacy Nutshell is … Continue Reading

Moving Towards a Global Harmonized Approach to Cross-Border Data Transfers?

Posted in Information Governance, Information Security, International Privacy Law, Online Data Tracking, Online Privacy, Privacy
Today, data can be transferred around the world instantaneously, making the global marketplace seem almost borderless.  As any multinational company knows, however, compliance with each country’s data transfer and privacy laws can be onerous.  As the U.S. contemplates data protection legislation, the FTC last week announced a joint initiative with agency officials from the European … Continue Reading

Proposed $6.8M Fine Related to Puerto Rico Breach Incident

Posted in Data Breaches, HIPAA/HITECH, International Privacy Law
Triple-S Salud, Inc. (“Triple-S”), a Puerto Rico Health Insurance Administration (“PRHIA”) contractor, filed a Form 8-K indicating that the PRHIA intended to impose a civil monetary penalty of $6,768,000 and other administrative sanctions stemming from a breach incident affecting 13,336 Dual Eligible Medicare beneficiaries.  The breach incident occurred in September 2013 when Triple-S mailed to … Continue Reading

International Privacy – 2013 Year in Review – Africa

Posted in International Privacy Law
Authors: Gonzalo Zeballos, James Sherer, and Alan Pate South Africa On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill supports the existing right to privacy found in section 14 of the Constitution … Continue Reading

International Privacy – 2013 Year in Review – Asia

Posted in International Privacy Law
Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Asian Data Privacy Updates  1.         China China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet Information Services Market Order Provisions of 2011. However, little direct progress was made until … Continue Reading

International Privacy – 2013 Year in Review – Central and South America

Posted in International Privacy Law
Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Central American Data Privacy Updates  1.         Costa Rica  On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law 8968, requires explicit data subject consent for … Continue Reading

International Privacy – 2013 Year in Review – Canada

Posted in International Privacy Law
Authors: Gonzalo Zeballos, James Sherer, and Alan Pate This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011, seeks to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) to include breach … Continue Reading

International Privacy – 2013 Year in Review – Ukraine

Posted in International Privacy Law
Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3, 2013, with an enter-into-force date of January 1, 2014. This legislation abolishes the current … Continue Reading

International Privacy – 2013 Year in Review – European Union

Posted in International Privacy Law
Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Fighting the war on two fronts: External Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment Partnership (TTIP) talks were seen as a … Continue Reading

International Privacy – 2013 Year in Review

Posted in International Privacy Law
Authors: Gonzalo Zeballos, James Sherer, and Alan Pate 2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European Convention regarding personal data processing. China introduced its Decision on … Continue Reading

Proposed Amendment to EU Privacy Regulations May Force Choice Between Violating US and EU Law

Posted in International Privacy Law
Authored by Gerald Ferguson and Alan M. Pate On Monday, October 21, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted to approve an amended version of the proposed EU General Data Protection Regulations.  Included in the compromise package is Article 43a, a provision that restricts controllers or processors of … Continue Reading

The Lessons of the “Street View” Imbroglio: Know What Data You Collect and Don’t Collect Data You Don’t Need

Posted in International Privacy Law
The unintended capture of personal data by Google Street View has resulted in a German Data Commissioner imposing a $189,000 fine on Google this Monday. As anyone who has used Google Maps at the street view level knows, Google Street View is a valuable service that captures roads, landscapes, landmarks, buildings—and other activity that happens … Continue Reading

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining “Opt-In” Consent

Posted in International Privacy Law
Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013.  The law relates specifically to telecommunications companies, and therefore other sectors such as service providers and third-party advertisers are not affected by the amendment.  With respect to cookies, it implements the EU Cookie Directive … Continue Reading

South Korea Court Opens the Door for Unintentional Data Breach Collective Actions

Posted in Data Breaches, International Privacy Law, Litigation, Privacy Class Actions, Privacy Litigation
Authorship Credit:  Nathan A. Schacht This is a cross blog post with BakerHostetler’s class action blog.  For the latest in class action developments, visit classactionlawsuitdefense.com.  On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving … Continue Reading

China Adopts Privacy Legislation Strengthening Online Personal Data Protection

Posted in International Privacy Law, Online Privacy, Privacy
Authorship Credit:  Tina Amin   China’s top legislature, the Standing Committee of the National People’s Congress, closed out 2012 with the approval of rules to enhance the protection of online personal information.  The “Decision of the Standing Committee of the National People’s Congress to Strengthen the Protection of Internet Data” (“Decision”), which took effect upon … Continue Reading

Recent Updates in International Data Privacy Law

Posted in International Privacy Law
EU Information Security Agency Recommends Clear and Broad Interpretation of Data Breach Requirements On August 27, 2012, the European Network and Information Security Agency (ENISA) issued a paper, “Cyber Incident Reporting in the EU,” which analyzes the current state of EU legislation covering data breaches. It observes that many breaches remain undetected and, even if … Continue Reading

Vote on Ground-Breaking Brazilian Internet Bill of Rights Postponed

Posted in International Privacy Law, Miscellaneous
Internet-rights pundits had been waiting with baited breath for the Brazilian Congress’s vote on a proposed internet bill of rights—the so-called “Marca Civil da Internet.” That vote, which was scheduled for August 8, 2012, was canceled at the last minute without explanation. The proposed bill represents a unique, collaborative effort with the public—whose input was … Continue Reading

France’s New Breach Notification Requirements

Posted in Breach Notification, Data Breach Notification Laws, International Privacy Law
On May 28, 2012, the French data protection regulator (CNIL) released new guidance on breach notification laws.  The guidance regards a 2011 ordinance that recently came into force on April 1.  Among other things, the ordinance amends existing French data protection law (Law on Information Technology and Liberties (78-17 of 1978)) to reflect the EU … Continue Reading

Privacy Across Borders: Concerns Surfacing in Trans-Pacific Partnership

Posted in International Privacy Law
Opening markets and removing barriers to trade are touted by many in Washington, DC and well beyond as a cornerstone of economic expansion.  In the information age, ensuring the free flow of data across borders, and not simply goods and services, is increasingly important.  But just as problems can arise with differing foreign laws on … Continue Reading

European Commission Proposes Reform to Data Protection Rules

Posted in International Privacy Law, Online Privacy
Earlier this year, the European Commission proposed a comprehensive reform to the EU’s 1995 data protection rules, with the stated purposes of strengthening online privacy rights and boosting Europe’s “digital economy.” Still rooted in the European concept that privacy in one’s personal data is a human right, the updated EU directive is intended to modernize … Continue Reading

Strategies for Compliance with EU “Cookies” Directive

Posted in International Privacy Law, Online Privacy, Privacy
Reports of the demise of Internet innovation in the UK, as a result of the UK’s implementation last May of the new European Directive governing the use of “cookies” , were greatly exaggerated. That said, the impact of the Cookies Directive was delayed when the UK Information Privacy Office (“IPO”) announced that it would abstain … Continue Reading

Outsourcing to India: Privacy Law Clarified

Posted in International Privacy Law
India’s $41 billion dollar outsourcing industry and its clients can breathe a sigh of relief; the Indian Government has issued an official clarification concerning their new broad privacy regulations. As noted in an earlier blog, in April 2011, India adopted new privacy rules under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal … Continue Reading

New Indian Privacy Law Impacts U.S. Companies

Posted in International Privacy Law
In the United States, India is synonymous with outsourced data processing services and customer service call centers for credit card issuers, banks and retailers.  The flow of data between the two countries has been unrestricted and, to a large extent, unregulated.  This has now been changed. In April 2011, India adopted new privacy regulations known … Continue Reading