Scholarly Articles & Institutional Publications

PL&B International (August 2014 issue)  From the article: “Law applies to information and communication service providers (ICSPs) as well as website operators and online content providers, and includes strict direct marketing provisions..” The full text can be downloaded (with subscription) at: http://www.privacylaws…

The author discusses the question referred by the Irish High Court to the European Court of Justice (Case 2013 765 JR) of whether “a national data protection authority has to blindly follow the Commission’s Decision (Safe Harbor)” or if such authority is able to carry out its own review of a third country’s level of data […]

The author discusses the question referred by the Irish High Court to the European Court of Justice (Case 2013 765 JR) of whether “national data protection authorities in Europe may disregard the Safe Harbor decision of the European Commission when assessing whether the U.S. recipient of data ensures an adequate level of data protection required under […]

In a letter dated June 12, 2014, Article 29 Working Party (“WP29”) urged Martin Shulz, President of the European Parliament, to include discussions on Binding Corporate Rules for Processors (“BCR-P”) when the trialogue between the European Council, Parliament and Commission on the EU Data Protection Reform will take place. BCR are a code of conduct […]

From the document: “Privacy and data protection issues confront all organizations—whether you handle employee information, credit card data, sensitive financial information, or trade secrets. Securing data is a daunting task that is further complicated by cross-border transfer issues and the differences in privacy laws around the world. These laws are complex and can pose myriad […]

Mr. Farr’s statement was filed as part of the British government’s response to a legal case brought by Privacy International, Amnesty International and other public interest groups trying to stop the bulk collection of communications data by intelligence agencies. The statement lays out the authority British intelligence agencies claim to have in intercepting communications carried […]

The European Union Agency for Fundamental Rights (FRA) – one of the decentralized agencies of the European Union – issued its 2013 Report  Fundamental rights: challenges and achievements in 2013 – Annual report 2013. Section 3 deals with Data Protection (Information Society, Respect for Private Life and Data Protection) and in particular with the following: –       Mass surveillance revelations spark […]

From the document: “In its ruling of 13 May 20141 the EU Court said: a)      On the Territoriality of EU rules: Even if the physical server of a company processing data is located outside Europe, EU rules apply to search engine operators if they have a branch or a subsidiary in a Member State which […]

The article comments the “right to be forgotten decision” of the European Court of Justice  (Case C 131-12) In particular, in light of decision, the article discuss the following points: -whether the “activity of a search engine properly classified as “processing of personal data” and whether “the operator of the search engine [ is] thus a […]

The article discusses how far apart European and American legal systems are when it comes to data privacy and liability. The developments relating to the recent European ruling could prompt a discussion in America about privacy policies. The full text of the article is available at: http://blogs.wsj…