Tag Archives: APEC

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.

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Singapore Information Ministry Solicits Comments on Proposed Data Privacy Framework

Posted on October 11, 2011 by Hunton & Williams LLP

On September 13, 2011, the Singapore Ministry of Information, Communications and the Arts (the “Ministry”) published a Proposed Consumer Data Protection Regime for Singapore, outlining possible ideas for a data privacy framework and soliciting comments from the public. A few of the suggestions from the Ministry’s proposal that appear most likely to be reflected in a final data privacy law are outlined below.

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ICC Reappoints Christopher Kuner as Chair of Data Protection Task Force

Posted on July 22, 2011 by Hunton & Williams LLP

Christopher Kuner, partner in the Brussels office of Hunton & Williams, recently was reappointed to a fourth term as Chair of the International Chamber of Commerce (“ICC”) Task Force on Privacy and the Protection of Personal Data.  Based in Paris and founded in 1919, ICC  represents businesses around the world and has thousands of member companies and national committees in over 130 countries.  Mr. Kuner has been Chair of the Task Force since 2003, and also is a Vice-Chair of ICC’s Commission on E-Business, IT and Telecoms (“EBITT”).  He was reappointed to a further three-year term as Chair by ICC Secretary General Jean-Guy Carrier, who stated that Mr. Kuner’s “expertise and experience have been greatly appreciated and of high value to ICC’s work and the membership of the Commission.” 

Under Mr. Kuner’s chairmanship, the ICC Task Force’s accomplishments have included drafting the standard application form for Binding Corporate Rules that was approved by the Article 29 Working Party in 2007, negotiating the standard contractual clauses for data processors that were approved by the European Commission in 2010, and participating in every meeting of APEC’s Electronic Commerce Steering Group addressing cross-border data flows since the Steering Group began working on that topic.

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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

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Update: Department of Commerce’s “Privacy Bill of Rights”

Posted on December 17, 2010 by Hunton & Williams LLP

As previously reported, on December 16, 2010, the U.S. Department of Commerce released its Green Paper “aimed at promoting consumer privacy online while ensuring the Internet remains a platform that spurs innovation, job creation, and economic growth.”

During a press teleconference earlier that morning announcing the release of the Green Paper, Secretary Gary Locke commented on the Green Paper’s recommendation of adopting a baseline commercial data privacy framework, or a “privacy bill of rights,” built on an expanded, revitalized set of Fair Information Practice Principles (“FIPPs”).  He indicated that baseline FIPPs would respond to consumer concerns and help increase consumer trust.  The Secretary emphasized that the Department of Commerce would look to stakeholders to help flesh out appropriate frameworks for specific industry sectors and various types of data processing.  He also noted that the agency is soliciting comments on how best to give the framework the “teeth” necessary to make it effective.  The Secretary added that the Department of Commerce is also open to public comment regarding whether the framework should be enforced through legislation or simply by conferring power on the Federal Trade Commission. Continue reading…

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Study on Regulation of Transborder Data Flows Presented to the OECD

Posted on December 6, 2010 by Hunton & Williams LLP

On December 2, 2010, Christopher Kuner, partner in Hunton & Williams’ Brussels office, presented his 90-page study entitled “Regulation of Transborder Data Flows Under Data Protection and Privacy Law: Past, Present, and Future” at a meeting of the OECD Working Party on Information Security and Privacy in Paris.  The study was written in Mr. Kuner’s capacity as a Visiting Researcher at the Tilburg University Institute of Law, Technology, and Society (“TILT”) in the Netherlands.  A revised version of the study will be annexed to the report to be prepared in 2011 by the Working Party on the 30th anniversary of the OECD Privacy Guidelines.

The study describes the historical development of regulation of transborder data flows and its present status in legal systems around the world; evaluates the policies underlying such regulation; and draws some conclusions for the future.  The study also contains a comprehensive annex with excerpts from relevant provisions of data protection and privacy instruments and laws dealing with transborder data flows.

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Centre Comments on Commerce Department’s Notice of Inquiry on Global Free Flow of Information

Posted on November 18, 2010 by Hunton & Williams LLP

On November 15, 2010, the Centre for Information Policy Leadership filed comments with the Department of Commerce in response to the Department’s Notice of Inquiry (“NOI”) on the Global Free Flow of Information on the Internet.  The NOI was issued pursuant to an examination by the Department’s Internet Policy Task Force of issues related to restrictions on information flows on the Internet.  The NOI poses wide-ranging questions related to why such restrictions were instituted; the impact restrictions may have on innovation, economic development, global trade and investment; and how best to deal with any negative effects.  In the NOI, the Department acknowledges the benefits that businesses, emerging entrepreneurs and consumers derive from the ability to transmit information quickly and efficiently both domestically and internationally.  It also recognizes the integral role the free flow of information plays in promoting economic growth and democratic values essential to free markets and free societies.  The Department also articulated goals such as helping industry and other stakeholders operate in diverse Internet environments, and identifying policies that will advance economic growth and create job opportunities for Americans.

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Centre Hosts “Accountability on the Ground” Workshop at IAPP Privacy Academy

Posted on October 6, 2010 by Hunton & Williams LLP

On September 29, 2010, the Centre for Information Policy Leadership (the “Centre”) hosted a pre-conference workshop at the International Association of Privacy Professionals (”IAPP”) Privacy Academy in Baltimore, Maryland.  The tutorial “Accountability on the Ground,” led by Centre Executive Director Marty Abrams, offered practical guidance on the subject of accountability.  The workshop, which featured presentations by Centre member companies, discussed in-depth examples of how organizations can implement an accountability program.

Over the past year, the Fair Information Practice Principle of Accountability has figured prominently in international and national policy discussions about how to improve privacy and data protection.  Current approaches are increasingly challenged by the ubiquitous collection of data, the increased speed and power of processing and the complex business models and vendor networks that support data flows and analytics.  Robust data flows hold tremendous potential for economic benefit for individuals and businesses, but that potential can be realized only if individuals trust that their data is used responsibly and their privacy is protected.

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Australian Government Publishes Draft Legislation to Reform Privacy Act

Posted on June 30, 2010 by Hunton & Williams LLP

The Australian government recently released an exposure draft of legislation that would fundamentally reform the Australian Privacy Act and would unify public and private sector privacy principles.  The exposure draft includes thirteen principles intended to protect individuals from the risks associated with the sharing of personal information. 

Of particular interest to the international business community, Principle 8 addresses the cross-border disclosure of personal information.  The principle states that an entity must take reasonable steps to ensure that an overseas recipient does not breach the Australian Privacy Principles with respect to personal information being disclosed, but provides an exception if the entity reasonably believes that (i) the recipient of the information is subject to a law or binding scheme that provides protection that is substantially similar to protections provided by the Australian Privacy Principles, and (ii) there are mechanisms available for affected individuals to enforce such protection.

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New Zealand Privacy Commissioner Discusses Global Standards

Posted on April 13, 2010 by Hunton & Williams LLP

The Madrid Resolution on global standards provided new momentum behind the concept of one world, one standard for privacy in international commerce.  New Zealand Privacy Commissioner Marie Shroff is one of the thoughtful officials who has joined in the call for a global framework.  Commissioner Shroff discussed her views on global standards in an interview with Marty Abrams during the Centre for Information Policy Leadership’s First Friday Call on April 9, 2010.

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