Privacy & Information Security Law Blog

On November 26, 2014, the Article 29 Working Party (the “Working Party”) released a Working Document providing a cooperation procedure for issuing common opinions on whether “contractual clauses” comply with the European Commission’s Model Clauses (the “Working Document”).

On November 24, 2014, the Polish President Bronisław Komorowski signed into law a bill that was passed by Polish Parliament on November 7, 2014, which amends, among other laws, certain provisions of the Personal Data Protection Act 1997. As a result of the amendments, data controllers will be able to transfer personal data to jurisdictions that do not provide an “adequate level” of data protection without obtaining the prior approval of the Polish Data Protection Authority (Generalny Inspektor Ochrony Danych Osbowych or “GIODO”), provided that they meet certain requirements specified under the bill. In addition, the bill amends Polish law so that it is no longer mandatory to appoint an administrator of information security (administrator bezpieczeństwa informacji or “ABI”). An ABI is similar to a data protection officer but an ABI has narrower responsibilities that predominantly concern data security.

On November 27, 2014, the European Parliament announced that it will appoint Giovanni Buttarelli as the new European Data Protection Supervisor (“EDPS”), and Wojciech Wiewiórowski as the Assistant Supervisor. The announcement has been expected since the Parliament’s Committee on Civil Liberties, Justice and Home Affairs voted on October 20, 2014 for Buttarelli and Wiewiórowski to be the Parliament’s leading candidates for the two positions. The final step of the process is for the Parliament and the Council of the European Union to jointly sign a nomination decision, after which Buttarelli and Wiewiórowski will formally take up their new roles.

On November 18, 2014, the Centre for Information Policy Leadership at Hunton & Williams (the “Centre”) held the second workshop in its ongoing work on the risk-based approach to privacy and a Privacy Risk Framework. Approximately 70 Centre members, privacy regulators and other privacy experts met in Brussels to discuss the benefits and challenges of the risk-based approach, operationalizing risk assessments within organizations, and employing risk analysis in enforcement. In discussing these issues, the speakers emphasized that the risk-based approach does not change the obligation to comply with privacy laws but helps with the effective calibration of privacy compliance programs.

On February 27, 2014, Chairwoman of the French Data Protection Authority (the “CNIL”) Isabelle Falque-Pierrotin was elected Chairwoman of the Article 29 Working Party effective immediately. Ms. Falque-Pierrotin succeeds Jacob Kohnstamm, Chairman of the Dutch Data Protection Authority, who chaired the Article 29 Working Party for four years. The Working Party also elected two new Vice-Chairs: Wojciech Rafal Wiewiórowski of the Polish Data Protection Authority, and Gérard Lommel of the Luxembourg Data Protection Authority.

On October 4, 2013, The Centre for Information Policy Leadership’s Senior Policy Advisor Fred Cate reported on the 35th International Conference of Data Protection and Privacy Commissioners which concluded on September 24 in Warsaw, Poland. The report indicates that four main issues dominated the Conference: (1) challenges presented by technologies such as mobile apps and online profiling, (2) multinational interoperability and enforcement, (3) pending EU data protection regulation and alternatives, and (4) repercussions of NSA surveillance activities.

On September 23 and 24, 2013, a declaration and eight resolutions were adopted by the closed session of the 35th International Conference of Data Protection and Privacy Commissioners and have been published on the conference website. This blog post provides an overview of the declaration and the most significant resolutions.

On June 6, 2013, the European Union’s Justice and Home Affairs Council held legislative deliberations regarding key issues concerning the European Commission’s proposed General Data Protection Regulation (the “Proposed Regulation”). The discussions were based on the Irish Presidency’s draft compromise text on Chapters I to IV of the Proposed Regulation, containing the fundamentals of the proposal and reflecting the Presidency’s view of the state of play of negotiations. At the Council meeting, the Presidency was seeking general support for the conclusions drawn in their draft compromise text on the key issues in Chapters I to IV.

The Polish Data Protection Authority (Generalny Inspektor Ochrony Danych Osbowych or “GIODO”) has activated the website for the 35th International Conference of Data Protection and Privacy Commissioners to be held in Warsaw, Poland, September 23-26, 2013. The conference theme is “A Compass in a Turbulent World.” Unlike past years, the conference will begin with the closed session for commissioners and concurrent side events. The open conference will take place on September 25 and 26. GIODO currently is working on the conference agenda with an advisory committee that ...

On December 12, 2012, the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) released an accountability self-assessment tool designed to help organizations evaluate their internal privacy programs and practices. The tool is the product of the Global Accountability Project for which the Centre serves as Secretariat.

The Polish Data Protection Authority (Generalny Inspektor Ochrony Danych Osbowych or “GIODO”) announced that it will host the 35th International Conference of Data Protection and Privacy Commissioners on September 23-27, 2013, in Warsaw, Poland. The first two days will be dedicated to the closed session, with the open sessions and side events taking place September 25-27.

In February 2013, the GIODO will facilitate the Global Accountability Project for which the Centre for Information Policy Leadership acts as Secretariat.

On November 2-3, 2011, Mexico’s Federal Institute for Access to Information and Data Protection (“IFAI”) will host the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City. Marty Abrams, President of the Centre for Information Policy Leadership at Hunton & Williams LLP, is the chairman of the Conference’s advisory panel and principal advisor to Conference organizers on program content. Hunton & Williams is a proud sponsor of the event which will feature Hunton representatives as speakers or moderators on multiple panels and plenary sessions, including the following:

On June 13, 2011, the Polish Data Protection Authority (Generalny Inspektor Ochrony Danych Osbowych or “GIODO”) hosted a conference in Warsaw on the use of binding corporate rules (“BCRs”) for international data transfers.  The conference was notable as the first on this topic in Poland, and was designed to introduce BCRs to a Polish audience and to promote their use.  The audience of approximately 70 people heard presentations by the Polish Inspector General for Data Protection, Wojciech Rafał Wiewiórowski, as well as representatives of the Belgian, French, Polish ...

According to a report issued by the EU Agency for Fundamental Rights (“FRA”), European data protection authorities lack sufficient independence and funding.  In addition, DPAs impose few sanctions for violations of data protection laws.  DPAs “are often not equipped with full powers of investigation and intervention or the capacity to give legal advice or engage in legal proceedings.”  In a number of countries, including Austria, France, Germany, Latvia, the Netherlands, Poland and the UK, “prosecutions and sanctions for violations are limited or non-existing.”  ...