Tag Archives: Telecommunications

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

Posted on March 23, 2012 by Hunton & Williams LLP

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

Posted on March 1, 2012 by Hunton & Williams LLP

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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Chinese Ministry of Industry and Information Technology Issues New Data Protection Regulations

Posted on February 3, 2012 by Hunton & Williams LLP

The Ministry of Industry and Information Technology of the People’s Republic of China (the “MIIT”) recently issued a regulation entitled “Several Provisions on Regulating Market Orders of Internet Information Services” (the “New Regulations”). The New Regulations, which will take effect on March 15, 2012, include significant new data protection requirements applicable to Internet information service providers (“IISPs”). Consistent with data protection regimes currently in place elsewhere in the world, IISPs will be required to provide much stronger protection for the personal data they collect from users in China, and will be subject to notice and consent requirements, collection limitations and use limitations.

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New Chinese Legislation Includes Provisions Protecting Personal Information

Posted on November 8, 2011 by Hunton & Williams LLP

In the past two months, Chinese national authorities amended a law, and provincial authorities in Jiangsu Province issued a new regulation, both of which include provisions concerning the protection of personal information.

Law of the People’s Republic of China on Resident Identity Cards

Any Chinese citizen who resides in China is required to obtain a resident identity card when he or she turns 16 years old. The cards carry information which generally would be considered personal information under Chinese law, such as name, gender, date of birth, home address and identity card number. The Law of the People’s Republic of China on Resident Identity Cards, a national law originally enacted in 2003, was amended on October 29, 2011, to include the following new provisions on the protection of personal information: Continue reading…

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Congressmen Markey and Barton Address Verizon’s Targeted Advertising Campaign

Posted on November 7, 2011 by Hunton & Williams LLP

On November 4, 2011, Congressmen Edward Markey (D-MA) and Joe Barton (R-TX) reiterated their privacy concerns over the handling of customer preferences in connection with Verizon’s new advertising initiative. After learning that Verizon had notified its customers of the implications of a targeted advertising campaign, on October 6, 2011, Reps. Markey and Barton, Co-Chairmen of the bipartisan Congressional Privacy Caucus, wrote a letter containing several inquiries to both Verizon and Verizon Wireless. In particular, Reps. Markey and Barton requested clarification regarding the companies’ potential disclosure of aggregated customer location information and website viewing history to third parties.

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Beijing Court Finds 21 Defendants Guilty of Criminal Privacy Violations

Posted on August 31, 2011 by Hunton & Williams LLP

On August 5, 2011, the Beijing Second Intermediate People’s Court announced its decision in what is reported to be the largest criminal case to date involving the misuse of personal information in Beijing, China.  The Court based its ruling on Article 7 of the Seventh Amendment to the Criminal Law, which applies to three types of criminal activities: (1) illegal sale of citizens’ personal information, (2) illegal provision of citizens’ personal information, and (3) illegal access to citizens’ personal information.
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Canadian Anti-Spam Regulations Released for Comment

Posted on July 13, 2011 by Hunton & Williams LLP

Adam Kardash from Heenan Blaikie LLP in Canada reports that Industry Canada and the Canadian Radio-television and Telecommunications Commission (“CRTC”) have released draft regulations for Canada’s Anti-Spam Legislation (“CASL”).  CASL imposes a consent-based anti-spam regime that restricts organizations’ ability to send commercial electronic messages.  Industry Canada and the CRTC are charged with the task of implementing regulations under CASL. Continue reading…

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FCC-FTC Forum Highlights the Benefits and Risks of Advances in Location-Based Services

Posted on June 30, 2011 by Hunton & Williams LLP

On June 28, 2011, the Federal Communications Commission and the Federal Trade Commission convened a public education forum entitled “Helping Consumers Harness the Potential of Location-Based Services.”  Representatives of telecommunications carriers, technology companies and consumer advocacy organizations discussed technological developments and how best to realize the benefits of location-based services without compromising privacy.

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EU Commissioner Reding Signals Intention to Introduce Mandatory Data Breach Notification

Posted on June 21, 2011 by Hunton & Williams LLP

Speaking at the British Bankers’ Association’s Data Protection and Privacy Conference in London on June 20, 2011, Viviane Reding, Vice President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, signaled her intention to streamline data protection to “simplify the regulatory environment” and “substantially reduce the administrative burden” for businesses.  In return, Reding expects businesses to ensure “safe and transparent digital products and services.”

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German DPAs Publish Comprehensive FAQs on Statutory Data Breach Notification Requirement

Posted on May 31, 2011 by Hunton & Williams LLP

The German Data Protection Authorities of Berlin and North Rhine-Westphalia have issued a paper containing Frequently Asked Questions about the German statutory data breach notification requirement that went into effect on September 1, 2009.  The paper provides detailed information on key questions concerning the procedure for notification as required by Section 42a of the German Federal Data Protection Act.

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