Tag Archives: Data Transfer

ICO Welcomes European Commission’s Proposed Data Protection Regulation Reforms

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.

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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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Hunton & Williams on the BCR Forefront

Shortly before Viviane Reding, Vice-President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, gave her keynote address on binding corporate rules (“BCRs”) at the IAPP Europe Data Protection Congress in Paris, Hunton & Williams co-authored two articles on BCRs with the French Data Protection Authority (“CNIL”):

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French Data Protection Authority Unveils 2010 Annual Activity Report

On November 16, 2011, the French Data Protection Authority (the “CNIL”) published its Annual Activity Report for 2010 (the “Report”) highlighting its main 2010 accomplishments and outlining some of its priorities for the upcoming year. This year’s Report covers events that occurred since last year’s publication of the Annual Activity Report for 2009.

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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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Council of Europe Considers Proposal to Amend Convention 108 Rules on Transborder Data Flows

On October 10-12, 2011, the Council of Europe’s Bureau of the Consultative Committee of the Convention for the Protection of Individuals with regard to the Automatic Processing of Personal Data (known as the “T-PD-Bureau”) met in Strasbourg, France, to discuss, among other things, amending the Council of Europe’s Convention 108 and Additional Protocol. Convention 108 (together with the Protocol), which underlies the European Union’s legal framework for data protection, is the only legally-binding international convention that addresses data protection. Amendment of the Convention is also closely linked to the current review of the EU data protection framework.

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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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Angola Passes Personal Data Protection Law

On June 17, 2011, the National Assembly of the Republic of Angola passed Law 22/11 on Personal Data Protection.  The omnibus privacy legislation applies to the automated and non-automated processing of personal data by controllers based or operating in Angola, or subject to, or using equipment governed by, Angola’s laws.  Some highlights of the law are listed below.
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Outsourcers Exempt from India’s Privacy Regulations

On August 24, 2011, the Government of India’s Ministry of Communications & Information Technology issued a clarification regarding India’s new privacy regulations, known as the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Rules”), under Section 43A of the Information Technology Act 2000.

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Belgium Simplifies the Authorization Procedure for Binding Corporate Rules

On July 13, 2011, the Belgian Privacy Commission (the “Belgian DPA”) signed a Protocol with the Ministry of Justice which significantly simplifies the authorization procedure for binding corporate rules (“BCRs”) under Belgian law.  The Protocol was just made public on the Belgian DPA’s website.  View the Protocol on BCRs (in both Dutch and French).

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