News

On April 28, 2016, the CCBE issued a paper about the standards necessary “to ensure that the essential principles of professional secrecy and legal professional privilege are not undermined by practices undertaken by the state involving the interception of communications and access to lawyers’ data for the purpose of surveillance and/or law enforcement”. Part I describes meaning and scope of […]

On May 25, 2016, Schrem’s website “Europe v Facebook” (website collecting information regarding class actions against Facebook) released a press update according to which the Irish Data Protection Commissioner may refer another issue to the Court of Justice of the European Union (ECJ) i.e., according to the website, whether “Facebook can continue to transfer data from the […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

On March 28, 2016 the French DPA (CNIL) imposed a fine of EUR 100,000 on Google for inadequate implementation of the “right to be forgotten” – Google is appealing it. The appeal should take two years. The sanction was imposed for failing to comply with users’ requests to have links to personal information about them […]

The members of the Article 31 committee (i.e. the Member States in “comitology” and chaired by a European Commission official pursuant to Article 31 of Directive 95/46/EC) were unable to reach an agreement on May 19, 2016. More time is necessary to evaluate the implications of the Privacy Shield. As we know, there must be an […]

On May 18, 2016, the European American Chamber of Commerce sponsored a discussion the EU-U.S. Privacy Shield Framework (Safe Harbor 2.0). The panel discussed the steps that brought to the agreement between the EU Commission and US Government. More information to this regard is available at http://www.technethics.com… The panel then discussed the key contents of the Privacy Shield. […]

On May 10, 2016, the French and the German competition law authorities issued a joint paper on competition law and data. The two authorities discussed how the collection, processing, and commercial use of data became a factor in establishing market power. “This paper aims to feed this debate by identifying some of the key issues […]

On May 12, 2016, the Advocate General of the European Court of Justice (“ECJ”) Campos Sánchez-Bordona presented his conclusions in Patrick Breyer v. Bundesrepublik Deutschland (case C‑582/14). The case deals with dynamic IP addresses, i.e. those IP (“Internet Protocol”) addresses dynamically assigned to a device by an access provider (usually a telephonic carrier). Mr. Breyer […]

On May 16, 2016, the Commission on Enhancing National Cybersecurity (“Cybersecurity Commission’) held an open meeting. The primary purpose of the meeting was to discuss the challenges and opportunities facing the finance and insurance sectors as the Commission develops detailed recommendations to strengthen cybersecurity in both the public and private sectors while protecting privacy, ensuring public safety […]

On January 13, 2016, the District of Connecticut declined to compel production of all ESI documents resulting from agreed search terms. Here the parties’ counsel had agreed to a list of search terms which resulted in approximately 38,000 documents but Defendant did not produce them all, produced only 2,214 pages. Plaintiff objected that Defendant was omitting “highly […]