Tag Archives: Cloud Computing

International DPA Working Group Publishes Working Paper on Privacy Issues in Cloud Computing

Following a meeting in Sopot, Poland, on April 24, 2012, the International Working Group on Data Protection in Telecommunications (the “Working Group”), led by the Berlin Commissioner for Data Protection and Freedom of Information, issued a Working Paper that focuses on privacy and data protection issues related to the use of cloud computing in the international context. The Working Paper aims to reduce uncertainty regarding the definition of cloud computing and how the technology intersects with privacy, data protection and other legal issues.

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Centre Submits Comments to Singapore Data Protection Consultation

On April 27, 2012, the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) submitted comments to the latest Singapore consultation on proposed personal data protection legislation, the Personal Data Protection Act 2012. The consultation is being conducted by the Ministry of Information, Communications and the Arts and expired on April 30, 2012.

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French Data Protection Authority Unveils Its Agenda for 2012

On April 19, 2012, the French Data Protection Authority (the “CNIL”) issued a press release detailing its enforcement agenda for 2012. In a report adopted March 29, 2012, the CNIL announced that it will conduct 450 on-site inspections this year, with particular focus on the specific themes described below. The CNIL also indicated that it will continue the work started in 2011 with at least 150 additional inspections related to video surveillance, especially with respect to surveillance in locations that are frequented by large numbers of individuals.

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German Insurance Industry to Establish “Trusted German Insurance Cloud”

On March 8, 2012, during the CeBIT international IT trade show, the German Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik or “BSI”) accepted the German Insurance Association’s application for certification of the “Trusted German Insurance Cloud,” a project that aims to establish a secure IT platform for the German insurance industry.  The parties previously had agreed to work together to develop practical requirements for a secure cloud solution, and to implement appropriate security measures in the “Trusted German Insurance Cloud.” In accordance with the BSI’s baseline security parameters, the practical requirements for the cloud are meant to contemplate the ISO 27001 standard as well as appropriate IT security criteria issued by data protection authorities. The implementation of the cloud security requirements will be finalized pursuant to the BSI’s certification process.

As was the case when it drafted the position paper “Information Security Issues for Cloud Computing,” the BSI has stated that its goal is to work in cooperation with the private sector to develop practical guidelines and recommendations for IT security. The BSI likely will be looking to extend this approach to other industries and sectors by developing a generally applicable certification procedure for cloud services.

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CBI for the Cloud

A growing number of companies are implementing cloud computing solutions to lower IT costs and increase efficiency. Although cloud technology offers an array of advantages, organizations that rely on the cloud must compensate for the corresponding increase in risk associated with outsourcing business operations to a third party. A recent article  authored by Hunton & Williams Insurance Litigation & Counseling partner Lon Berk discusses the ways in which business interruptions caused by cloud service provider failures may be covered by contingent business interruption insurance, or CBI.

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Mexico Issues New Privacy Regulations Effective December 22, 2011

On December 21, 2011, Mexico issued the final version of its Regulations of the Federal Law for the Protection of Personal Data Held by Private Parties (Reglamento de la Ley Federal de Protección de Datos Personales en Posesión de los Particulares). The regulations, which contain mostly minor changes to the prior draft that was released in October, will take effect on December 22, 2011. Notable updates in this final draft include:

  • clarification of notice and consent requirements;
  • changes to restrictions on cloud computing;
  • updates to requirements regarding data transfers; and
  • clarifications regarding data subjects’ rights.
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EU Commissioner Reding Promotes Use of BCRs at IAPP Congress in Paris

On November 29, 2011, at the International Association of Privacy Professionals (“IAPP”) Europe Data Protection Congress in Paris, France, Viviane Reding, Vice President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, provided insight into details of the proposals for the revised EU data protection framework. She focused explicitly on solutions for international data transfers, promoting Binding Corporate Rules (“BCRs”) as a solution that can offer a simplified, yet comprehensive, structure for safeguarding international flows of data. Commissioner Reding referred to BCRs as offering the possibility of consistent enforcement and legal certainty, without stifling innovation.

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Mexico’s Ministry of Economy Releases Updated Data Protection Regulations

On October 20, 2011, Mexico’s Ministry of Economy made public an update to its proposed Regulations to the Federal Law for the Protection of Personal Data Held by Private Parties. The new draft regulations, which contain changes made in light of public comments on the prior version, will take effect if they receive final executive approval, which may happen later this year. The updates to the draft regulations include:

  • Rules specific to cloud computing
  • Clarification of notice requirements
  • Clarification of consent requirements
  • Exemptions for certain business contact information
  • Revisions to data transfer restrictions
  • Updated security and breach notification provisions
  • Revised requirements for self-regulatory schemes
  • Revisions to provisions governing the exercise of data subjects’ rights
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French Data Protection Authority Launches Public Consultation on Cloud Computing

On October 17, 2011, the French Data Protection Authority (the “CNIL”) launched a public consultation on cloud computing (the “Consultation”). The Consultation seeks to gather opinions from stakeholders (clients, providers, consultants) regarding cloud computing services for businesses, to identify legal and technical solutions that address data protection concerns while taking into account the economic interests involved.

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German DPAs Issue Resolution and Guidance Paper on Cloud Computing and Compliance with Data Protection Law

On September 29, 2011, the German federal and state data protection authorities (“DPAs”) issued a resolution on cloud computing and compliance with data protection law. The publication was released in conjunction with the DPAs’ 82nd annual conference.

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