Tag Archives: Telecommunications

Article 29 Working Party Opines on Geolocation Services

Posted on May 19, 2011 by Hunton & Williams LLP

On May 16, 2011, the Article 29 Working Party (the “Working Party”) adopted an Opinion on geolocation services on smart mobile devices (the “Opinion”). The Opinion clarifies the legal framework and obligations applicable to geolocation services such as maps and navigation tools, geo-personalized services, geotagging of content on the Internet, child control and location-based advertising.

Tags: Article 29 Working Party, Data Controller, E-Privacy Directive, EU Data Protection Directive, EU Member States, Geolocation, Legislation, Opt-In Consent, Telecommunications, Wireless Network

European Commission Presents Evaluation Report on Telecommunications Data Retention

Posted on April 19, 2011 by Hunton & Williams LLP

On April 18, 2011, the European Commission (the “Commission”) adopted an Evaluation Report on the EU Data Retention Directive 2006/24/EC (the “Data Retention Directive”).

The Data Retention Directive requires that, for law enforcement purposes, telecommunications service and network providers (“Operators”) must retain certain categories of telecommunications data (excluding the content of the communication) for not less than six months and not more than two years. To date, most of the EU Member States have implemented the Data Retention Directive, but Czech Republic, Germany and Romania no longer have implementing laws in place because their constitutional courts have annulled the implementing laws as unconstitutional.

Tags: Article 29 Working Party, Consumer Protection, E-Privacy Directive, EU Member States, European Commission, Legislation, Right to Privacy, Telecommunications

Article 29 Working Party Releases Opinion on EU Data Breach Notification Framework

Posted on April 15, 2011 by Hunton & Williams LLP

On April 5, 2011, the Article 29 Working Party (the “Working Party”) adopted an Opinion on the current EU personal data breach framework and recommendations for future policy developments (the “Opinion”).

In 2009, the revised e-Privacy Directive 2002/58/EC (the “e-Privacy Directive”) introduced a mandatory data breach notification regime for the telecommunications sector. Pursuant to the e-Privacy Directive, telecommunications and internet service providers are required to report certain data breaches to their national regulator and to affected individuals.

Tags: Article 29 Working Party, Austria, E-Privacy Directive, EU Data Protection Directive, EU Member States, Germany, Legislation, Telecommunications

German Government Adopts Security Breach Notification Requirement in Telecommunications Act

Posted on March 2, 2011 by Hunton & Williams LLP

On March 2, 2011, the German Federal government adopted a draft law revising certain sector-specific data protection provisions in the German Telecommunications Act. The draft law addresses the implementation of data breach notification requirements in the European e-Privacy Directive by introducing a breach notification obligation for telecommunications companies.

Tags: Consumer Protection, E-Privacy Directive, Germany, Jörg Hladjk, Telecommunications

European Network and Information Security Agency Publishes Report on Data Breach Notification in the EU

Posted on January 17, 2011 by Hunton & Williams LLP

On January 14, 2011, the European Network and Information Security Agency (“ENISA”), which was created to enhance information security within the European Union, published a report entitled “Data breach notifications in the EU” (the “Report”).

Currently, there is wide debate throughout the EU regarding data breach notification requirements. The debate stems from recent high-profile data breach incidents and the introduction of mandatory data breach notification requirements for telecommunication service providers imposed by EU Directive 2009/136/EC (amending EU Directive 2002/58/EC, the “e-Privacy Directive”), which must be integrated into EU Member States’ national laws by May 25, 2011. The goal of the Report is to assist Member States, regulatory authorities and private organizations with their implementation of data breach notification policies.

Tags: Cybersecurity, E-Privacy Directive, ENISA, EU Member States, Germany, Ireland, Spain, Telecommunications, United Kingdom

Canada Adopts Stringent Anti-Spam Legislation

Posted on December 16, 2010 by Hunton & Williams LLP

Adam Kardash from Heenan Blaikie LLP in Canada reports that Bill C-28, the Fighting Internet and Wireless Spam bill, received Royal Assent on December 15, 2010. The centerpiece of the Act are prohibitions aimed at preventing spam, but the law also includes regulations to combat phishing and protect users from online malware. Specifically, among other things, the legislation would prohibit:

sending commercial electronic messages (including emails and text messages) without consent (subject to certain limited exceptions);
altering transmission data on email messages; and
the installation of computer programs without express consent. Continue reading…

Tags: Adam Kardash, Canada, Penalty, Telecommunications

Dutch Bill Proposes Data Breach Notification Requirements and Revised Cookie Regime

Posted on November 16, 2010 by Hunton & Williams LLP

In a move toward implementation of the EU e-Privacy Directive, on November 3, 2010, the Dutch Minister of Economic Affairs submitted a bill to the Dutch Parliament that would amend the Dutch Telecommunications Act to obligate telecom and internet service providers to provide notification of data security breaches, and require consent for the use of cookies (the “Bill”).

The proposed Bill would require telecom and internet service providers to notify the Dutch Telecom Authority (the “OPTA”) without delay in the event of a security breach involving personal data. They also would be required to notify affected individuals without delay if the breach is likely to have an adverse effect on the protection of their personal data. The Bill does not affect initiatives to introduce a broader data breach notification regime applicable to other industries outside the telecom sector. The Dutch Minister of Justice recently stated that he expects to issue a proposal to implement a more general data breach notification law in 2011. Continue reading…

Tags: Cookies, E-Privacy Directive, Netherlands, Telecommunications

German Federal Network Agency Fines Two Companies €194,000 for Violating Cold Calling Ban

Posted on August 6, 2010 by Hunton & Williams LLP

On July 27, 2010, the German Federal Network Agency, the Bundesnetzagentur (or “BNetzA”), issued a press release stating that it had recently levied €194,000 in administrative fines in two cases against companies accused of violating a ban on cold calling. The cases involved consumer complaints implicating the companies in several illegal acts. The companies claimed they had obtained prior consent from the consumers they contacted. The BNetzA, which is the regulatory office for electricity, gas, telecommunications, post and railway markets in Germany, rejected the companies’ argument on the grounds that the “consent” was based on the consumers’ implicit acceptance of the terms of use associated with certain Internet games. The terms of use included a provision regarding a participant’s consent to telemarketing by partners, sponsors and other companies. The BNetzA stated that, because these terms of use did not satisfy the legal requirements for consent, the company had not obtained valid consent to call the consumers.

Tags: Advertisement, Consumer Protection, Germany, Jörg Hladjk, Telecommunications, Telemarketing

German Court Finds No Right to Immediate Deletion of IP Addresses

Posted on July 13, 2010 by Hunton & Williams LLP

In a recently published decision rendered on June 16, 2010, the Frankfurt am Main Higher Regional Court ruled that an Internet access provider may store IP addresses for seven days, and therefore, customers have no right to demand immediate deletion of their IP addresses. The Court’s ruling upheld a decision originally rendered by the regional court of Darmstadt.

The claimant had requested that Deutsche Telekom AG delete the dynamic IP address assigned and stored for each Internet session immediately upon disconnection by a user. Up to that point, the Internet provider had been retaining IP addresses for 80 days after each billing cycle. In June 2007, the lower court granted the claimant request, imposing a maximum retention period of seven days for IP addresses. The Internet provider reduced its IP address retention period accordingly, based on an agreement with the German federal data protection authority.

Tags: Data Protection Authority, Germany, IP Address, Record Retention, Telecommunications

Commerce Department Takes Lead in Developing U.S. Internet Privacy Framework

Posted on May 11, 2010 by Hunton & Williams LLP

“The Department of Commerce is back.” With those words Cameron Kerry, General Counsel of the U.S. Department of Commerce, made it clear the Department intends to take a leading role in shaping domestic privacy policy and representing U.S. privacy interests in international discussions. The announcement was made at the May 7, 2010, Department of Commerce symposium, “A Dialogue on Privacy and Innovation,” where the mostly business audience welcomed Mr. Kerry’s declaration with great enthusiasm.

Tags: Cameron Kerry, Danny Weitzner, Department of Commerce, Fred Cate, Obama, Privacy Policy, Telecommunications

Privacy and Information Security Law Blog - Global privacy and information security law updates and analysis

Tag Archives: Telecommunications

European Commission Presents Evaluation Report on Telecommunications Data Retention

Article 29 Working Party Releases Opinion on EU Data Breach Notification Framework

German Government Adopts Security Breach Notification Requirement in Telecommunications Act

European Network and Information Security Agency Publishes Report on Data Breach Notification in the EU

Canada Adopts Stringent Anti-Spam Legislation

Dutch Bill Proposes Data Breach Notification Requirements and Revised Cookie Regime

German Federal Network Agency Fines Two Companies €194,000 for Violating Cold Calling Ban

German Court Finds No Right to Immediate Deletion of IP Addresses

Commerce Department Takes Lead in Developing U.S. Internet Privacy Framework

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