Tag Archives: Accountability

ICO Welcomes European Commission’s Proposed Data Protection Regulation Reforms

Posted on January 31, 2012 by Hunton & Williams LLP

On January 25, 2012, the European Commission released a data protection law reform package, including its proposed General Data Protection Regulation (the “Proposed Regulation”). The UK Information Commissioner’s Office (“ICO”) has reacted positively to the Proposed Regulation, in particular commending efforts to strengthen the rights of individuals, the recognition of important privacy concepts such as privacy by design and privacy impact assessments, and new accountability requirements to ensure organizations properly demonstrate and document their data protection safeguards and procedures.

Tags: Accountability, Christopher Graham, Data Processor, Data Protection Act, Data Transfer, EU Data Protection Directive, European Commission, Information Commissioners Office, Privacy By Design, United Kingdom

APEC Leaders Endorse Cross-Border Privacy Rules

Posted on November 14, 2011 by Hunton & Williams LLP

On November 13, 2011, Asia-Pacific Economic Cooperation (“APEC”) leaders endorsed the APEC Cross-Border Privacy Rules (“CBPRs”) system at an APEC meeting in Honolulu, Hawaii. The Leaders’ Statement also endorsed interoperability between national and regional privacy and data protection regimes to facilitate moving data around the globe while protecting privacy.

Tags: Accountability, APEC, Cross-Border Data Flow

Live from Mexico City: Opening Session Highlights the Potential and Challenges of Big Data

Posted on November 2, 2011 by Hunton & Williams LLP

On November 2, 2011, following welcome comments by Federal Institute for Access to Information and Data Protection (“IFAI”) Commissioner Jacqueline Peschard, the 33rd International Conference of Data Protection and Privacy Commissioners opened in Mexico City with an examination of the phenomenon of “big data” as a definer of a new economic era. In a wide-ranging presentation, Kenneth Neil Cukier of the Economist drew into clear relief the possibilities and problems associated with combining vast stores of data and powerful analytics. He highlighted the growing ability to correlate seemingly unrelated data sets to predict behavior, reveal trends, enhance product performance and safety and derive meaning. In his remarks Cukier noted that, in an era of big data, much of the decision-making about data collection and use goes beyond traditional notions of privacy, touching on ethics and free will. Noting that the printing press led to the development of free speech laws, he left open the question of how big data may change the legal landscape.

Tags: Accountability, Colombia, Data Protection Authority, David Vladeck, Federal Trade Commission, Germany, Jacqueline Peschard, Mexico, New Zealand, Privacy By Design, Richard Thomas

Live from Mexico City: Implementing Accountability in the Marketplace

Posted on November 1, 2011 by Hunton & Williams LLP

On November 1, 2011, the Centre for Information Policy Leadership released a discussion document entitled “Implementing Accountability in the Marketplace,” at the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City. The document reflects the collaborative effort of experts from Canada, Europe and the United States, and provides a comprehensive summary of the third year of the Centre’s work with the Accountability Project. It examines the requirements and benefits of accountability when it is applied across the marketplace, and considers when and how companies may wish to be formally recognized as accountable and how recognition may be obtained.

For more information on accountability, visit the Centre’s website on the Accountability Project.

Tags: Accountability, Canada, Fred Cate, Marty Abrams, Mexico, Paula Bruening, Richard Thomas

Centre Presents Accountability Paper at Canadian Privacy Conference

Posted on October 13, 2011 by Hunton & Williams LLP

On October 13, 2011, Marty Abrams, President of the Centre for Information Policy Leadership at Hunton & Williams LLP, presented “Accountability in a Page” as part of the “What it Means to Be Accountable” plenary session at the PIPA Conference 2011 taking place in Vancouver, British Columbia. Mr. Abrams, who leads the Centre’s Accountability Project, outlined the essential elements of accountability and described how top multinational companies are building accountability-based programs. According to Mr. Abrams, “accountability as mandated by the Canadian private sector privacy law requires companies to have comprehensive programs that include polices, mechanisms to put those policies into effect, and review processes to assure the mechanisms are functional.” Mr. Abrams provided attendees with a one-pager on accountability that includes a list of common elements companies are using to implement accountability programs.

For more information on accountability, visit the Centre’s website on the Accountability Project.

Tags: Accountability, Canada, Marty Abrams

Article 29 Working Party Opines on Consent Requirements

Posted on July 15, 2011 by Hunton & Williams LLP

On July 13, 2011, the Article 29 Working Party (the “Working Party”), adopted an Opinion on the concept of consent as a legal basis for processing personal data, which includes recommendations for improving the concept in the context of the ongoing review of the EU data protection framework. The Opinion also analyzes the conditions for valid consent under EU data protection law (that consent must be “freely given,” “specific,” “unambiguous,” “explicit,” “informed,” etc.), and clarifies the obligations of data controllers seeking consent. In addition, the Opinion provides examples of valid and invalid consent with respect to company social media, medical research, body scanners, PNR data and online gaming.

Tags: Accountability, Article 29 Working Party, Body Scanner, Data Controller, EU Data Protection Directive

Live Coverage from Budapest: Day Two of the Hungarian International Data Protection Conference

Posted on June 17, 2011 by Hunton & Williams LLP

As reported yesterday, on June 16 and 17, 2011, the Hungarian Presidency of the Council of the European Union hosted a high-level international data protection conference in Budapest. The following are some highlights from the second day’s events:

During the “New principles in the field” panel, Professor Paul De Hert of the Vrije Universiteit Brussel gave an explanation of the case I v. Finland, which was decided by the European Court of Human Rights on July 17, 2008, and which both he and European Data Protection Supervisor Peter Hustinx agreed was a key document for the concept of accountability in European data protection law. Endre Szabó of the Hungarian Ministry of Public Administration and Justice noted that the principle of accountability had not yet been fully accepted by all members of the European Council.

Tags: Accountability, Council of Europe, Data Controller, Data Protection Authority, EU Data Protection Directive, European Commission, Hungary, Legislation, Peter Hustinx, Uruguay

European Data Protection Supervisor Publishes 2010 Annual Report; Sets Agenda for the Future

Posted on June 17, 2011 by Hunton & Williams LLP

On June 15, 2011, European Data Protection Supervisor (“EDPS”) Peter Hustinx gave a press conference to present his annual report for 2010. The annual report provides an overview of the EDPS’ main activities in 2010 and sets forth key priorities and challenges for the future.

In his speech, Hustinx focused primarily on the review of the EU data protection framework and the Data Retention Directive. He referenced his recent Opinion in which he concluded that the Data Retention Directive does not meet general EU data protection requirements and that the European Commission should explore the possibility of replacing it with alternative measures such as data preservation through a “quick freeze” procedure. Hustinx also stated his intention to keep a close eye on any developments with respect to RFID technology, cloud computing and online enforcement of intellectual property rights. Continue reading…

Tags: Accountability, Cloud Computing, EU Data Protection Directive, European Commission, European Data Protection Supervisor, Peter Hustinx, Privacy By Design, RFID

UK Chancellor Kenneth Clarke Discusses Data Protection Issues

Posted on June 6, 2011 by Hunton & Williams LLP

On May 26, 2011, the United Kingdom’s Lord Chancellor and Secretary of State for Justice Kenneth Clarke spoke before the EU Committee of the British Chamber of Commerce in Belgium. His remarks focused on data protection, a subject he characterized as one “heavily on the agenda” in Brussels and in many EU Member States. Clarke emphasized his own role as a proponent of data protection and a defender of civil liberties and individual freedom, and discussed the introduction into Parliament of a major bill to enhance individual freedom in the UK. Key measures in the bill, many of which respond to issues raised over the past few years by the UK Information Commissioner, include:

Greater independence for the Information Commissioner
Safeguards against misuse of counter-terrorism stop and search powers
Further regulation of the use of closed-circuit television monitoring
Reform of the regulations governing vetting and barring of ex-offenders and persons working with children and vulnerable adults

Tags: Accountability, APEC, CCTV, Information Commissioners Office, Legislation, OECD, United Kingdom

Legal Bisnow Features Marty Abrams and Lisa Sotto

Posted on May 2, 2011 by Hunton & Williams LLP

On April 25, 2011, Legal Bisnow interviewed Marty Abrams, Executive Director of the Centre for Information Policy Leadership at Hunton & Williams LLP, and Hunton & Williams partner Lisa Sotto about hot topics in privacy and data protection.

Read Legal Bisnow’s article, “Hottest Practice Area?”.

Tags: Accountability, Cloud Computing, Consumer Protection, Lisa Sotto, Marty Abrams

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

Tag Archives: Accountability

ICO Welcomes European Commission’s Proposed Data Protection Regulation Reforms

APEC Leaders Endorse Cross-Border Privacy Rules

Live from Mexico City: Opening Session Highlights the Potential and Challenges of Big Data

Live from Mexico City: Implementing Accountability in the Marketplace

Centre Presents Accountability Paper at Canadian Privacy Conference

Article 29 Working Party Opines on Consent Requirements

Live Coverage from Budapest: Day Two of the Hungarian International Data Protection Conference

UK Chancellor Kenneth Clarke Discusses Data Protection Issues

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