Tag Archives: Germany

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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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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German DPAs Issue Resolutions and Address a Wide Range of Topics at Annual Conference

On March 22, 2012, the 83rd Conference of the German Data Protection Commissioners came to an end in Potsdam. The attendees indicated their general support for the European Commission’s proposed reform package aimed at modernizing and harmonizing data protection laws in the EU, but insist that Member States should have the authority to implement more stringent data protection measures for the area of public administration. 
 
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German Federal Constitutional Court Restricts Access to User Data for Law Enforcement Purposes

On February 24, 2012, the German Federal Constitutional Court (Bundesverfassungsgericht) ruled that certain provisions in the Federal Telecommunications Act concerning the disclosure of telecom user data to law enforcement agencies violate the German constitution. The Court held that strict conditions apply when law enforcement authorities and intelligence agencies ask telecommunications service providers (which may include hospitals and hotels) to turn over certain user data, i.e. passwords and PIN codes.

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German DPAs Comment on Proposed EU Data Protection Law Reform

On January 26, 2012, the German Data Protection Commissioners (“DPAs”) of the federal states Rhineland-Palatinate and Hesse held a joint press conference to present their views on the European Commission’s legislative proposal for a comprehensive reform of current EU data protection rules. The day before, the European Commission proposed replacing the existing EU Data Protection Directive 95/46/EC with a Regulation that would be directly applicable in all European Member States and therefore not require implementing legislation on the national level.

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Hunton Hosts Webinar on Current Trends in Global Privacy Enforcement

On January 12, 2012, Hunton & Williams hosted an hour-long webinar on the current enforcement environment in the U.S. and EU. The webinar, Current Trends in Global Privacy Enforcement, covered issues ranging from the Federal Trade Commission’s tougher approach to investigations to increased monitoring of corporate privacy practices by European data protection authorities. Hunton & Williams speakers included Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice, London partner Bridget Treacy, London senior attorney Rosemary Jay and Brussels associate Dr. Jörg Hladjk.

Listen to the webinar now.

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German Data Protection Association Issues Report on “Uniform Data Protection Law in Europe through Regulation”

On November 17, 2011, the German Association for Data Protection and Data Security (“GDD”) held its 35th Privacy Conference (“DAFTA”) in Cologne, Germany. At the opening plenary session, Paul Nemitz, Director for Fundamental Rights and Citizenship of the European Commission, announced that the European Commission plans to implement a Regulation that is directly applicable to all EU Member States, to harmonize data protection laws in Europe.

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German Ministry Announces Development of a Self-Regulatory Code for Social Networks

On November 2, 2011, Germany’s Federal Minister of the Interior met with stakeholders from the social networking industry and announced the development of a self-regulatory code for social networks. According to the Ministry’s press release, the code is aimed at enhancing data protection, consumer protection and the protection of minors on the Internet.

In endorsing the initiative, the Interior Minister stated, “self-regulation can also prove efficient in the social networking context, allowing for quick and flexible arrangements that enhance transparency and user trust. These rules should apply regardless of where a company is based.” The Minister also stressed that the current, ongoing review of the EU data protection framework will figure prominently in the development of the Code.

A first draft of the Code is expected in March 2012.

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

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.

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Mexico Hosts 33rd International Conference of Data Protection and Privacy Commissioners

On November 2-3, 2011, Mexico’s Federal Institute for Access to Information and Data Protection (“IFAI”) will host the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City. Marty Abrams, President of the Centre for Information Policy Leadership at Hunton & Williams LLP, is the chairman of the Conference’s advisory panel and principal advisor to Conference organizers on program content. Hunton & Williams is a proud sponsor of the event which will feature Hunton representatives as speakers or moderators on multiple panels and plenary sessions, including the following:

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