Privacy & Information Security Law Blog

On March 12, 2013, the UK Government Justice Committee published a report on the functions, powers and resources of the UK Information Commissioner’s Office (the “Report”). The Report highlights several key issues raised during an oral evidence session held with the UK Information Commissioner, Christopher Graham, and his two Deputy Commissioners, David Smith and Graham Smith. The Justice Select Committee published the Report to draw these key issues to the attention of the UK Parliament.

On March 14, 2013, the 85th Conference of the German Data Protection Commissioners concluded in Bremerhaven. This biannual conference provides a private forum for the 16 German state data protection authorities (“DPAs”) and the Federal Commissioner for Data Protection and Freedom of Information, Peter Schaar, to share their views on current issues, discuss relevant cases and adopt Resolutions aimed at harmonizing how data protection law is applied across Germany.

The U.S. Department of Commerce’s International Trade Administration (“ITA”) will host a data privacy seminar in Waltham, Massachusetts, on Monday, March 25 from 8:30 – 11:30 a.m. EST. Seminar participants will hear from a number of Commerce privacy experts who will discuss the Obama Administration’s privacy blueprint and provide updates on significant international developments involving the U.S.-European Union and U.S.-Swiss Safe Harbor Frameworks and the Asia-Pacific Economic Cooperation group’s work to implement the Cross-Border Privacy Rules System. These privacy developments could have a significant impact on your company and its compliance with laws and privacy regulations in the United States, Asia and Europe.

On February 27, 2013, the Article 29 Working Party (the “Working Party”) adopted an Opinion (the “Opinion”) addressing personal data protection issues related to the development and use of applications on mobile devices. The Opinion identifies the key data protection risks associated with mobile apps and clarifies the legal framework and obligations applicable to the various parties involved in the development and distribution of mobile apps, including app stores, app developers, operating system and device manufacturers and advertisers.

On March 5, 2013, Costa Rica published the Reglamento a la Ley de Protección de la Persona Frente al Tratamiento de sus Datos Personales (Regulations of the Law of Protection of the Person in the Processing of His Personal Data) (the “Regulations”). The wide-ranging Regulations, which took effect immediately, expand and clarify many aspects of the underlying law and include the requirements described below.

On March 7, 2013, the UK Information Commissioner’s Office (“ICO”) published guidance (the “Guidance”) on Bring Your Own Device (“BYOD”) to explain to data controllers “what they need to consider when permitting the use of personal devices to process personal data for which they are responsible.” BYOD refers to the use of individuals’ personal devices to access and store corporate information.

On March 5, 2013, the German Federal Ministry of the Interior published proposed amendments (in German) to the German Federal Office for Information Security Law. These proposed amendments are significant because they establish a new duty to notify the German Federal Office for Information Security in the event of a cybersecurity breach.

As reported in The Washington Post, large financial institutions are increasingly disclosing cyber attacks, and potential vulnerability to cyber threats, in their annual reports filed with the Securities and Exchange Commission. Numerous banks disclosed such attacks in their 2012 reports, even in cases where the ongoing threat of the attacks did not result in any material harm to the institution. For example:

On March 8, 2013, the Federal Trade Commission issued a staff report entitled Paper, Plastic… or Mobile? An FTC Workshop on Mobile Payments (the “Report”). The Report is based on a workshop held by the FTC in April 2012 and highlights key consumer and privacy issues resulting from the increasingly widespread use of mobile payments.

Although the FTC recognizes the benefits of mobile payments, such as ease and convenience for consumers and potentially lower transaction costs for merchants, the Report notes three areas of concern with the mobile payments system: (1) dispute resolution, (2) data security and (3) privacy.

On March 12, 2013, Connecticut Attorney General George Jepsen announced that a coalition of 38 states had entered into a $7 million settlement with Google Inc. (“Google”) regarding its collection of unsecured Wi-Fi data via the company’s Street View vehicles between 2008 and 2010. The settlement is the culmination of a multi-year investigation by the states that we first reported on in 2010.