Privacy & Information Security Law Blog

On November 25, 2010, the German data protection authorities responsible for the private sector (also known as the “Düsseldorfer Kreis”) issued a resolution on the minimum requirements for the qualifications and independence of company data protection officers (“DPOs”).  This initiative follows inspections carried out within companies that revealed a generally insufficient level of expertise among DPOs given data processing complexities and the requirements set by the Federal Data Protection Act.  The DPAs recognize that a DPO’s workload depends primarily on the size and number of data controllers the DPO supervises, industry-specific factors related to data processing and the level of protection required for the types of personal data being processed.  Changes with respect to these factors frequently increase the burden on DPOs without a compensating increase in resources needed to ensure proper oversight.

As previously reported, on December 16, 2010, the U.S. Department of Commerce released its Green Paper “aimed at promoting consumer privacy online while ensuring the Internet remains a platform that spurs innovation, job creation, and economic growth.”

During a press teleconference earlier that morning announcing the release of the Green Paper, Secretary Gary Locke commented on the Green Paper’s recommendation of adopting a baseline commercial data privacy framework, or a “privacy bill of rights,” built on an expanded, revitalized set of Fair Information Practice Principles (“FIPPs”).  He indicated that baseline FIPPs would respond to consumer concerns and help increase consumer trust.  The Secretary emphasized that the Department of Commerce would look to stakeholders to help flesh out appropriate frameworks for specific industry sectors and various types of data processing.  He also noted that the agency is soliciting comments on how best to give the framework the “teeth” necessary to make it effective.  The Secretary added that the Department of Commerce is also open to public comment regarding whether the framework should be enforced through legislation or simply by conferring power on the Federal Trade Commission.

Adam Kardash from Heenan Blaikie LLP in Canada reports that Bill C-28, the Fighting Internet and Wireless Spam bill, received Royal Assent on December 15, 2010.  The centerpiece of the Act are prohibitions aimed at preventing spam, but the law also includes regulations to combat phishing and protect users from online malware.  Specifically, among other things, the legislation would prohibit:

• sending commercial electronic messages (including emails and text messages) without consent (subject to certain limited exceptions);
• altering transmission data on email messages; and
• the installation of computer programs without express consent.

On December 16, 2010, the U.S. Department of Commerce Internet Policy Task Force issued its “Green Paper” on privacy, entitled “Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework.”  The Green Paper outlines Commerce’s privacy recommendations and proposed initiatives, which contemplate the establishment of enforceable codes of conduct, collaboration among privacy stakeholders, and the creation of a Privacy Policy Office in the Department of Commerce.  Noting that “privacy protections are crucial to maintaining the consumer trust that nurtures the Internet’s growth,” the Green Paper “recommends reinvigorating the commitment to providing consumers with effective transparency into data practices, and outlines a process for translating transparency into consumer choices through a voluntary, multistakeholder process.”

The 32nd International Conference of Data Protection and Privacy Commissioners held in Jerusalem this October continued the trend from past conferences by enacting a resolution, this time with respect to the adoption of global privacy standards.  The Jerusalem Declaration calls for an intergovernmental conference in 2011 or 2012 to negotiate a binding international agreement guaranteeing respect for data protection and privacy, and facilitating cross-border coordination of enforcement efforts.  The basis for the binding international agreement would be the Madrid ...

On December 10, 2010, Senior Advisor to U.S. Senator John Kerry (D-Mass.), Daniel Sepulveda, briefed the Centre for Information Policy Leadership at Hunton & Williams LLP (the “Centre”) members on Senator Kerry’s forthcoming privacy legislation.  The bill, which will be introduced next Congress, aims to establish a regulatory framework for the comprehensive protection of individuals’ personal data that authorizes rulemakings by the Federal Trade Commission.

On December 8, 2010, the U.S. House of Representatives approved the Social Security Number Protection Act of 2010 (S. 3789), which is aimed at reducing identity theft by limiting access to Social Security numbers.  The bill prohibits printing Social Security numbers, or any derivative of a Social Security number, on government-issued checks, and bars federal, state and local government entities from employing prisoners in jobs that would allow them to access Social Security numbers.  Although there are numerous state laws on the books to safeguard Social Security numbers, the ...

On October 14, 2010, the French Data Protection Authority (the “CNIL”) adopted several amendments to its single authorization AU-004 regarding the use of whistleblowing schemes (the “Single Authorization”).

Since 2005, companies in France must register their whistleblowing schemes with the CNIL either by self-certifying to the CNIL’s Single Authorization or by filing a formal request for approval with the CNIL.  Companies that self-certify to the Single Authorization make a formal undertaking that their whistleblowing scheme complies with the pre-established conditions set out in this authorization.  In particular, the scope of the Single Authorization is limited to the following specific areas: finance, accounting, banking, fight against corruption and compliance with Section 301(4) of the Sarbanes-Oxley Act.  Under the revised framework, the CNIL has extended the scope of the Single Authorization to include the prevention of anti-competitive practices and compliance with the Japanese Financial Instrument and Exchange Act.

The Yomiuri Shimbun has been following a story regarding the November 25, 2010, release by a Tokyo publisher of a book containing Tokyo Metropolitan Police Department anti-terrorism documents that were leaked on the Internet in October.  According to reports, the book (“Leaked Police Terrorism Info: All Data”) contains 469 pages of unedited personal information of foreign residents who are being monitored by Japanese authorities, as well as the names of the police officers involved in the cases and individuals who have cooperated with police investigations.  On November 29, a ...

On December 7, 2010, Microsoft announced in a blog post that Internet Explorer 9 will feature a new “opt-in mechanism” and “Tracking Protection Lists” to help consumers control tracking of their online activity.  Since the Federal Trade Commission released its privacy report last week, there has been considerable debate regarding consumer protection on the Internet, especially with respect to the “Do Not Track” concept.  Microsoft’s blog post states, “We believe that the combination of consumer opt-in, an open platform for publishing of Tracking Protection ...