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Data Protection Leader

Volume: 14 Issue: 12
(December 2017)


News

Data Protection Leader confirmed, on 5 December 2017, with Ammar Oozeer, Barrister at BLC Robert & Associates, that the Cabinet of Ministers (‘the Cabinet’) had agreed, on 1 December 2017, to introduce the Data Protection Bill (No. XIX of 2017) (‘the Bill’) to the National Assembly. The Bill seeks to bring Mauritius’ data protection framework into line with international standards, namely the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), by repealing the Data Protection Act 2004. Additionally, the Bill aims to simplify the regulatory environment for business in the digital economy and promote the safe transfer of personal data to and from foreign jurisdictions. / read more

The Honourable Justice of the High Court of Justice’s (‘the High Court’) Queen’s Bench Division, Brian Langstaff, issued, on 1 December 2017, his decision in relation to the class action in Various Claimants v. Wm Morrisons Supermarket PLC, addressing whether Morrisons could be held liable for the criminal actions of Andrew Skelton, who maliciously disclosed personal data of co-employees. The High Court determined that although the Data Protection Act 1998 would not impose primary liability on Morrisons, vicarious liability could be established, i.e. the liability for which employers, without personal fault, are held responsible for the wrongs committed by their employees. / read more


Features

Everyone wants guidance. Everyone is asking for guidance. As the deadline for the application of the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) approaches, everyone is clamouring for guidance. And the Article 29 Working Party (‘WP29’) has indeed delivered. / read more

By the time this issue of Data Protection Leader is in print, the Data Protection Bill 2017 (‘the Bill’) will have nearly finished its passage through the House of Lords. It seems likely that it will receive Royal Assent sometime in April 2018. Ruth Boardman and Emma Drake, Partner and Associate at Bird & Bird LLP respectively, provide a summary of the Bill (useful for those put off by its 203-page length and complexity), highlight some of the areas of uncertainty and debate, and set out what comes next. / read more

The US Federal Trade Commission (‘FTC’) enforces the Children’s Online Privacy Protection Act of 1998 (‘COPPA’), which sets forth what operators of websites and apps must do to protect the online privacy and safety of children under 13 years of age. Richard B. Newman, Attorney at Hinch Newman LLP, provides a breakdown of the requirements under COPPA and what entities must know in order to lawfully collect the personal information of children. / read more

In August 2017, the Colombian data protection authority (‘SIC’) issued Circular No. 05 of 2017, which develops the regulation of cross-border data transfers in Colombia (‘the Circular’), following consultations held in February and July to seek comments on the criteria SIC should use to determine which countries provide an adequate level of data protection. Ivan Dario Marrugo Jimenez and Andres Felipe Contreras Poveda, Partner & CEO and Associate Consultant at Marrugo Rivera & Associates - FuturLex respectively, analyse the Circular and what it means for the transfer of personal data outside of Colombia. / read more

When planning business operations in Central and Eastern Europe (‘CEE’), data protection law is as important as any other area of law. Most business projects will involve some processing of personal data, whether that of employees, customers or potential clients. In fact, personal data protection rules will potentially apply in any scenario where information relating to an individual is involved in any way. Although the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) is harmonising the data protection laws also in the CEE, local laws will continue to apply, e.g. in employment-related data processing, cybersecurity, and cookie compliance. Angelika Sedlackova, Andrea Cervenkova, Márton Domokos, Valentina Parvu, Ksenija Ivetić Marlović and Martina Novysedlakova from CMS Cameron McKenna Nabarro Olswang, discuss the most relevant enforcement decisions and developments that have recently taken place in Bulgaria, the Czech Republic, Hungary, Romania, Serbia and Slovakia, and which must be taken into account by companies operating in such jurisdictions. / read more

In an effort to transform the quality and sustainability of healthcare, Australia has introduced a National Digital Health Strategy aimed at evolving the healthcare industry by effectively using digital information. In this article, Michael Park and Leah Wickman, Partner and Associate at Allens respectively, examine Australia’s introduction of a nationalised electronic health record system, the risks and what this step might mean for the healthcare industry. / read more


About Data Protection Leader:

The monthly law publication which covers all aspects of data protection and data privacy. Topics covered include data transfers and outsourcing, data localisation and retention, the EU General Data Protection Regulation (GDPR), the e-Privacy Directive, data security, marketing and behavioural advertising, consent, employee monitoring, privacy compliance, risk management, DPO responsibilities, accountability, Privacy by Design, acquisition and mergers, the Internet of Things, cloud computing and Big Data / read more

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