Privacy and Security TidBits

Tag: European Union Data Protection

The Meaning of “Consent” in the EU Data Protection Framework: A New Article 29 Working Party Opinion

  The Meaning of “Consent” in the EU Data Protection Framework: A New Article 29 Working Party Opinion   On July 13, 2011, the Article 29 Data Protection Working Party (hereafter Article 29 WP ) adopted Opinion 15/2011 on the Definition of Consent.   This opinion looks into the legal framework regarding the use of […]

Global Data Protection, ECPA and Privacy Policies at the Computers Freedom and Privacy Conference 2011

On June 15, Peter Hustinx, the European Data Protection Supervisor, held a press conference, where he emphasized the importance of the reform of the legal framework for data protection in the EU. One of the many reforms mentioned, was the reinforcing of  international instruments in data protection. At the International Data Conference in Budapest on June […]

Smart Phones, Trojan Horses and Data Protection.

During the Senate Judiciary Committee hearing on mobile privacy, held on May 10, Senator Whitehouse asked Rich (FTC) and Weinstein (DOJ) if mobile apps were like “Trojan Horses” of consumer info. What is a Trojan Horse? According to Wikipedia,The Trojan Horse is a tale from antiquity. “In one version, after a fruitless 10-year siege of Troy, […]

The New EU Cookie Directive Leads to Cookie Wars in The Netherlands

The Dutch Ministry of Economic Affairs, Agriculture and Innovation has introduced a new bill with the goal of implementing the EU ePrivacy Directive 2002/58/EC, as amended by the so-called “Cookie Directive” 10/2009. The dealine for EU member states to implement the “Cookie Directive” into national law is May 25, 2011. As of now, the Dutch law […]

Yahoo’s AdChoice Icons and the New EU Cookie Rule

A few days ago, PCWorld announced with a big headline: \”Yahoo’s Offers Cookie Opt-out Button Ahead of New EU Law\” It stated: “The plan allows users to click an “AdChoices” button visible in the upper right-hand corner of ads.This will provide users with information about Yahoo’s advertising business and the chance to opt out of […]

The Review of the EU Data Protection Framework v. The State of Online Consumer Privacy in the US

Yesterday, on March 16, 2011, I had a field day. As an attorney, licensed both in the EU and in the US, with a special interest in privacy law, I was able to observe quasi simultanuous policy making by both Brussels and Washington, D.C. on the same subject matter, from the comfort of my office […]

Privacy, European Union Data Protection and EDiscovery

Ediscovery in US Civil Litigation and EU Data Protection EDiscovery in the US  Electronic Discovery (or “Ediscovery”) is the process of identifying, preserving, collecting, preparing, reviewing, and producing electronically stored information (“ESI”) in the context of the legal process. Some examples of ESI are: emails, word documents, power point presentations, excel sheets, social media posts, […]

Are Companies at Risk for Astronomical Fines for Future EU Data Protection Violations?

At a recent conference in Frankfurt, organized by the Internet Society, Peter Hustinx, the European Data Protection Supervisor, suggested sanctioning violations of the EU data protection laws with the same astronomical fines as violations of competition laws are sanctioned. Henriette “Jetty” Tielemans, partner at the Brussels office of Covington & Burling LLP, reports as follows: “The trade […]

Computers, Privacy and Data Protection International Conference: European Data Protection, In Good Health? Part 1

According to its mission statement, the annual conference “Computers, Privacy and Data Protection” in Brussels aims to create a bridge between policy makers, academics, practitioners and activists, and aims to become Europe’s most important forum for the discussion of data protection and privacy issues. The conference was held on the occasion of the annual Data Protection […]

The European Data Protection Supervisor recommends a Regulation, not a Directive!

The European Data Protection Supervisor, Peter Hustinx, has issued an opinion in response to  the Commission’s Communication of November 4, 2010  regarding the Review of the Data Protection Legal Framework . The EDPS agrees with the Commission that a review of the present legal framework for data protection in the EU is necessary in order to ensure effective protection […]