Scholarly Articles & Institutional Publications

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 […]

66 Oklahoma Law Review 875 (2014) Abstract: “This article measures the new ABA Standards for Criminal Justice: Law Enforcement Access to Third Party Records (LEATPR Standards) success by assessing the guidance they provide legislators interested in updating pertinent law regarding one specific type of data. Scholars should not expect the Standards to yield the same […]

Penalties under the Health Insurance Portability and Accountability Act (HIPAA) are likely to increase substantially in the coming year, according to a high-ranking attorney in the Department of Health and Human Services (HHS). Law360, the publication that first reported the comment, said HHS received more than $10 million for alleged HIPAA violations since June 2013, at […]

37 Harv. J.L. & Pub. Pol’y 757-900 (2014) Abstract: “The National Security Agency’s bulk collection of telephony metadata runs contrary to Congress’s intent in enacting the 1978 Foreign Intelligence Surveillance Act. The program also violates the statute in three ways: the requirement that records sought be “relevant to an authorized investigation;” the requirement that information […]

American Constitution Society (June 2014) The author discusses Riley v. California and several other previous cases in order to analyze the warrant requirement for searches of cell phones. The full text is available at https://www.acslaw.org…

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 […]

Wake Forest Law Review, Vol. 48, 2014 Abstract from the article: “This article scrutinizes invasive cyber business practices and advocates passage of the proposed European Union right to erasure. The proposed regulation would prevent the indefinite storage and trade in electronic data, placing limits on the duration and purpose for which businesses could retain it. […]

In April 2014, the Federation of State Medical Boards approved a Model Policy for the Appropriate Use of Telemedicine Technologies in the Practice of Medicine. The model telehealth policy aims at “guiding the development of model guidelines for use by state medical boards in evaluating the appropriateness of care as related to the use of telemedicine, […]

The report recommends legislation to regulate data brokers and others. The report is available at https://www.ftc.gov… Open Pdf

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 […]