European Commission, Digital Agenda for Europe

The European Commission sets forth a digital agenda for Europe. According to the website: “The Digital Agenda contains 101 actions, in 7 pillars, which will help to reboot the EU economy and enable Europe’s citizens and businesses to get the most out of digital technologies”. Specific attention is devoted also to the international aspects of […]

European Commission Decision 2000/520/EG

Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the safe harbor privacy principles and related frequently asked questions issued by the US Department of Commerce From the Decision: “For the purposes of Article 25(2) of Directive 95/46/EC, […]

Autorità Garante della Privacy (Italian Data Protection Authority), Regulation no. 444 (October 10, 2013) on the processing of personal data through call centers located outside the EU

(Italian Official Gazette no. 266, November 13, 2013) The Italian Data Protection Authority issued detailed rules for the processing of personal data by call centers located outside the EU, which operate on behalf of Italian data controllers to provide customer care or for marketing purposes. According to Directive 95/46/EC the transfer of personal data to […]

Autorità Garante della Privacy (Italian Data Protection Authority), Guidelines for advertisement and spam fighting

Gazzetta Ufficiale no. 174 July 26, 2013 The Italian Privacy Authority (Garante per la Protezione dei Dati Personali) issued Guidelines on Spamming. The Authority had already issued rules on spamming (General Rules May 29, 2003) but those rule were based on a privacy law (Law December 31, 1996 no. 675) that was substituted by D.lgs. […]

Digital Agenda: New specific rules for consumers when telecoms personal data is lost or stolen in EU, European Commission’s Press Release

From the Press Release: “The European Commission is putting into place new rules on what exactly telecoms operators and Internet Service Providers (ISPs) should do if their customers’ personal data is lost, stolen or otherwise compromised. The purpose of these ‘technical implementing measures’ is to ensure all customers receive equivalent treatment across the EU in […]

Peter Swire, Yianni Lagos, Why the Right to Data Portability Likely Reduces Consumer Welfare: Antitrust and Privacy Critique

72 Maryland Law Review 335 (2013) Ohio State Public Law Working Paper 204 Abstract In its draft Data Protection Regulation, the European Union has announced a major new economic and human right – the right to data portability (‘RDP’). The basic idea of the RDP is that an individual would be able to transfer his […]

Ira Rubinstein, Big Data: The End of Privacy or a New Beginning?

3 International Data Privacy Law 74 (2013) From the article Big Data—which may be understood as a more powerful form of data mining that relies on huge volumes of data, faster computers, and new analytic techniques to discover hidden and surprising correlations—challenges international privacy laws in several ways: it casts doubt on the distinction between […]

Alessandro Mantelero, ‘Cloud computing, trans-border data flows and the European Directive 95/46/EC: applicable law and task distribution’, European Journal for Law and Technology, Vol. 3, No. 2, 2012

The paper deals with “the fundamental issues concerning trans-border data flows and their consequences on applicable law.” It “consider[s] three different cases decided by the Italian data protection authority (Garante per la protezione dei dati personali).” The three decisions are the following: decision issued by the Italian DPA on 24 May 2006, doc. web n. 1299063 (see also: January 18 2006, […]

Burdon, M, Lane, B and Von Nessen, P, ‘Data Breach Notification Law in the EU and Australia – Where to Now?’

(2012) 28(3) Computer Law and Security Review 296 ABSTRACT: Mandatory data breach notification laws have been a significant legislative reform regarding unauthorized disclosures of personal information by public and private sector organizations. These laws originated in the state-based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. We contend […]

Steven C. Bennett, The “Right to Be Forgotten”: Reconciling EU and US Perspectives

30 Berkley J. INT’L L. 161, 164-68 (2012) The European Union is developing its “right to be forgotten”. According to the author, this right could prove particularly harmful toward United States Internet companies. The article outlines the practical implications of the European right to be forgotten, pointing out possibilities to reconcile American and European views […]