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Category Archives: EU Data Protection

Paper – ‘Modernised’ Data Protection Convention 108 and the GDPR

Greenleaf, Graham, ‘Modernised’ Data Protection Convention 108 and the GDPR (July 20, 2018). (2018) 154 Privacy Laws & Business International Report 22-3. Available at SSRN: https://ssrn.com/abstract=3279984

“One week before the GDPR came into force on 25 May 2018, the ‘modernisation’ of data protection Convention 108 was completed by the Council of Europe on 18 May, by the parties to the existing Convention agreeing to a Protocol amending it (‘Protocol’). The new version of the Convention is now being called ‘108 ’ to distinguish it. This article analyses some aspects of the relationships between 108 and 108 , and further developments at the Plenary Meeting of the Convention’s Consultative Committee in Strasbourg, 19-21 June 2018 including a conference to ‘launch’ the new 108 . The transition from 108 to 108 is complex. Any new countries wishing to accede will have to accede to the Protocol (ie to 108 ) as well as to Convention 108, except for a handful of countries previously invited to accede. There are two options for when Convention 108 will come into force. One involves ratification by all existing 52 parties; the other could see it in force between ratifying parties as early as 2023. Accession to Convention 108 will have a positive effect on applications for ‘adequacy’ assessments to the EU under the General Data Protection Regulation (GDPR), but the extent to which 108 compliance will be sufficient for EU adequacy is uncertain. The article discusses these various complexities.”

Apple Launches Portal for U.S. Users to Download Their Data

The Verge: “Starting on Wednesday [October 17, 2018], Apple will allow US users to download all of their data from the company, following a GDPR-mandated feature for EU citizens that launched in May. The download tool is accessible from the company’s Data and Privacy page, and it encompasses device-syncing data like iCloud bookmarks as well… Continue Reading

Law firms can learn from other industries’ missteps on cybersecurity awareness and prevention

ABA Journal – “Equifax. Yahoo. Anthem. Sony. In the past few years, these companies experienced some of the most significant data breaches to date. And all of these companies found themselves subject to intense worldwide media coverage over their failure to secure their information. The industries affected—from health care to entertainment—know all too well that… Continue Reading

HBR – Uninformed Consent

Harvard Business Review – Companies want access to more and more of your personal data — from where you are to what’s in your DNA. Can they unlock its value without triggering a privacy backlash? Leslie K. John – Marvin Bower associate professor of business administration at Harvard Business School: “…Technology has advanced far beyond… Continue Reading

The text and data mining exception in the proposal for a directive on copyright: why the European Union needs to go further than the laws of member states

Nicolas Jondet, ‘The text and data mining exception in the proposal for a directive on copyright: why the European Union needs to go further than the laws of member states’, Propriétés Intellectuelles , no. 67 (April 2018): 25– 35. “The European Union is currently debating the adoption of a copyright exception for text and data… Continue Reading

Will Privacy First Be The New Normal? An Interview With Privacy Guru, Ann Cavoukian

This is a two-part series that explores the rise of Privacy by Design (PbD) from the basic framework, to its inclusion in the GDPR, to its application in business practices and infrastructure especially in the wake of Artificial Intelligence. Forbes – “We had the pleasure of sitting down with Ann Cavoukian, former 3-Term Privacy Commissioner… Continue Reading

EPIC Comments on Second Annual Privacy Shield Review

EPIC Comments on Second Annual Privacy Shield Review – “EPIC provided comments to the European Commission to inform the second annual review of the EU-U.S. Privacy Shield, a framework that permits the processing of the personal data of Europeans in the United States. EPIC detailed the latest privacy developments in the U.S., including the extension of Fourth Amendment… Continue Reading

The Economist – What if people were paid for their data?

Advocates of “data as labour” think users should be paid for using online services [paywall – you may read this free if you have not visited the site this month]: “DATA SLAVERY.” Jennifer Lyn Morone, an American artist, thinks this is the state in which most people now live. To get free online services, she… Continue Reading

15 default privacy settings you should change right now

Say no to defaults. A clickable guide to fixing the complicated privacy settings from Facebook, Google, Amazon, Microsoft and Apple. Geoffrey A. Fowler: “Give me 15 minutes, and I can help you join the 5 percent who are actually in control. I dug through the privacy settings for the five biggest consumer tech companies and… Continue Reading

Personal Data Protection and the EU GDPR

Library of Congress – Personal Data Protection and the EU GDPR May 25, 2018 by Jenny Gesley “Everyone is talking about the European Union‘s (EU) General Data Protection Regulation (GDPR) which takes effect today. Recent news reports about misuse of personal data suggest that rules to protect personal data are essential in today’s interconnected (online)… Continue Reading

Smart devices in your home have data that may be used by law enforcement

Your Home is Your…Snitch? When your appliances work as police informants – By Daniel Zwerdling – The Marshall Project Justice Lab column examines the science, social science and technology of criminal justice. “Police records in Bentonville, Arkansas show that James Bates called 911 on Sunday morning just before Thanksgiving 2015, and reported chilling news: he’d… Continue Reading

Germany Acts to Tame Facebook, Learning From Its Own History of Hate

The New York Times: A country taps its past as it leads the way on one of the most pressing issues facing modern democracies: how to regulate the world’s biggest social network. “Spread over five floors, hundreds of men and women sit in rows of six scanning their computer screens. All have signed nondisclosure agreements.… Continue Reading