Stephen Mathias of the law firm Kochhar & Co. reports from India that in a landmark judgment delivered in August 2017, the Supreme Court of India (“Court”) unanimously held that the right to privacy is a fundamental right under the Constitution of India. The Court also delivered six separate concurring judgments, with the main judgment being delivered by four of the nine judges.

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On November 21, 2016, against the backdrop of the EU General Data Protection Regulation (“GDPR”) and Brexit, UK Information Commissioner Elizabeth Denham delivered a keynote speech at the Annual Conference of the National Association of Data Protection and Freedom of Information Officers. During the address, Denham discussed the UK ICO’s ongoing preparations for the GDPR, reiterating the government’s position that the GDPR will be implemented in the UK.  Continue Reading UK Information Commissioner Confirms Forthcoming Regulatory Guidance on GDPR

Recently, German Chancellor Angela Merkel spoke at Germany’s 10th National IT Summit, and called for EU Member States to take a pragmatic approach to the application of EU data protection laws. Chancellor Merkel warned that a restrictive interpretation of data protection laws risks undermining the development of big data projects in the EU. Ahead of the introduction of the General Data Protection Regulation throughout the EU in May 2018, Merkel argued that, more than simply preventing the excesses of personal data use, data protection law should serve to enable emerging data developments. Chancellor Merkel’s comments are significant given that Germany typically has taken a hard-line approach to data protection law interpretation and enforcement, particularly with respect to data minimization requirements that can pose challenges to big data developments in the digital economy.

On September 23, 2016, the European Data Protection Supervisor (the “EDPS”) released Opinion 8/2016 (the “Opinion”) on the coherent enforcement of fundamental rights in the age of big data. The Opinion updates the EDPS’ Preliminary Opinion on Privacy and Competitiveness in the Age of Big Data, first published in 2014, and provides practical recommendations on how the EU’s objectives and standards can be applied holistically across the EU institutions. According to the EDPS, the Digital Single Market Strategy presents an opportunity for a coherent approach with respect to the application of EU rules on data protection, consumer protection, antitrust enforcement and merger control. In addition, the EDPS calls for greater dialogue and cooperation between data protection, consumer and competition authorities in order to protect the rights and interests of individuals, including the rights to privacy, freedom of expression and non-discrimination. Continue Reading EDPS Issues Opinion on Coherent Enforcement of Fundamental Rights in the Age of Big Data

Recently, the National Privacy Commission (the “Commission”) of the Philippines published the final text of its Implementing Rules and Regulations of Republic Act No. 10173, known as the Data Privacy Act of 2012 (the “IRR”). The IRR has a promulgation date of August 24, 2016, and went into effect 15 days after the publication in the official Gazette. Continue Reading Final Rules for the Data Privacy Act Published in the Philippines

On February 25, 2016, the Asia-Pacific Economic Cooperation (“APEC”) issued a press release announcing the decision by the Joint Oversight Panel of the APEC Electronic Commerce Steering Group to approve the Japan Institute for Promotion of Digital Economy and Community (“JIPDEC”) as a new “Accountability Agent” under the APEC Cross-Border Privacy Rules (“CBPR”) system. Along with TRUSTe, JIPDEC will now be able to independently assess the compliance of companies under the APEC CBPR system. With this approval, Japan is now a fully operational participant in the APEC CBPR system.

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On February 22, 2016, the Centre for Information Policy Leadership (“CIPL”), together with TRUSTe, the Information Accountability Foundation and Information Integrity Solutions, will co-host a workshop on Building a Dependable Framework for Privacy, Innovation and Cross-Border Data Flows in the Asia-Pacific Region in Lima, Peru. The workshop will be held in the margins of the upcoming meetings of the APEC Electronic Commerce Steering Group and its Data Privacy Subgroup in Lima from February 23-27, 2016.

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On January 6, 2015, the Federal Trade Commission released its report on big data entitled Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues. The report is a compilation of a seminar on alternative scoring products, the discussions at a big data public workshop held on September 15, 2014, and other recent research and public commentary on the issue.

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