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Tag Archives for " GDPR "

CNIL launches GDPR consultation

On February 23, 2017, the French Data Protection Authority CNIL launched a public online consultation on three topics – consent, profiling and data breach notification – regarding?the implementation of the EU General Data Protection Regulation (?GDPR?).?Those are the same topics earlier this year identified by?Article 29 Working Party in its Action plan.?

With this consultation CNIL aims to?collect specific?questions regarding the GDPR, potential difficulties in interpreting the GDPR, and examples of best practices. Responses will be also used in Article 29 Working Party discussions.

 

New GDPR guidelines on consent, profiling, breach notification and data transfers to be issued in 2017

The Article 29 Working Party (WP29), a consultative body made up?of all the national data protection authorities in the EU, in 2017 will issue new guidelines on General Data Protection Regulation (GDPR). First ones to issue will cover?profiling, breach notification and data transfers. WP29 will also?issue guidance on transparency, high risk processing, certification and application of administrative fines under the GDPR.

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GDPR guidance on data portability, DPOs and lead authority

In December the Article 29 Working Party (WP29), an advisory body made up of all the EU national data protection authorities, has published three long awaited guidelines and frequently asked question (FAQ) on General Data Protection Regulation (GDPR). Guidelines covers following topics:

You can submit?any additional comments on guidelines until the end of January 2017.

Balancing the interests in big data processing

A paper from Anons looks at challenges to big data analytics under upcoming GDPR (General Data Protection Regulation) and legal solutions to them. Although new obligations imposed by the GDPR, they do require new technical and organizational measures to protect big data.

The body of this paper describes in detail the regulatory background, technological innovations, and?practical applications of Controlled Linkable Data, leading to the maximization of data value and?individual privacy in a GDPR-compliant manner.

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EU ePrivacy Regulation proposed

Yesterday, January 10, 2017, European Commission announced its proposal for new Regulation on Privacy and Electronic Communications (ePrivacy Regulation) that will supplement General Data Protection Regulation (GDPR) and replace existing ePrivacy directive.

Aim of new ePrivacy regulation is to?harmonise data protection?framework relating to electronic communications within the European Union and ensure consistency with the GDPR.?Main changes introduced by ePrivacy Regulation are:

  • Greater scope of coverage.?If current ePrivacy Directive only applies to traditional telecoms operators, new rules will also cover new providers of electronic communications services, such as WhatsApp, Facebook Messenger, Skype, Gmail, iMessage, or Viber.
  • Same law to whole EU.?Current Directive that has to be adapted into each Member State’s law will be replaced with a directly applicable Regulation meaning the same ruleas and protection for electronic communications.
  • Protection for content and metadata.?Privacy will be guaranteed for both content and metadata derived from electronic communications (e.g. time of a call and location). Under the proposed rules, operators will have to anonymis or deleted both content and metadata if users have not given their consent, unless the data is required, for instance, for billing purposes.
  • Simpler rules on cookies.?Regulation will?streamline so called “cookie provision” that resulted in an overload of consent requests for internet users. New rules will provide an easy way to accept or refuse the tracking of cookies and other identifiers in case of privacy risks. No consent will be needed for non-privacy intrusive cookies improving internet experience (e.g. to remember shopping cart history) or cookies set by a visited website counting the number of visitors to that website.
  • Opportunities for new services.?With a customers consent traditional telecoms operators will have more opportunities to use communications content and/or metadata data to?provide additional services.
  • Protection against spam.?Proposed Regulation bans unsolicited electronic communication by any means including emails, SMS and also by phone calls if users have not given their consent. Member States may opt for a solution that gives consumers the right to object to the reception of voice-to-voice marketing calls, for example by registering their number on a do-not-call list. Marketing callers will need to display their phone number or use a special pre-fix that indicates a marketing call.
  • More effective enforcement.?The enforcement of the confidentiality rules in the Regulation will be the responsibility of national data protection authorities.

Commission emphasis that the proposed Regulation on Privacy and Electronic Communications will increase the protection of people’s private life and open up new opportunities for business.

Breaches of ePrivacy regulation will be punishable under GDPR and mean penalties up to EUR 20 million or 4% of the total worldwide annual turnover of company group, whichever is higher.

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DPAs to issue GDPR guidance

Chair of the Article 29 Working Party,?Isabelle Falque-Pierrotin, has promised that EU Data Protection Authorities will issue the first parts of their guidance on the EU Data Protection Regulation (GDPR) soon after their plenary meeting on 12-13 December.?She also invited companies to provide their?input to the Article 29 Working Party’s action plan for next year.

Companies are awaiting guidance from Working Parties and ?Data Protection Authorities to sooner and better adjust their business practices and policies with upcoming data protection law. Guidance can be expected on Data Protection Officers (DPOs), data portability and designation of lead data protection authorities.

Source:?http://www.privacylaws.com/Int_enews_01_12_16

Germany publishes second draft of a new data protection act

Germany has published second draft of its?new German Federal Data Protection Act. First draft, published in?September 2016,?was heavily criticized. New draft law?aims to align German data protection law with the EU General Data Protection Regulation (GDPR) and EU directive 2016/680. To become a law, draft has?to be approved by the Department of Justice and the parliament.

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Working Party Issues Results of the GDPR Workshop

Article 29 Working Party (Working Party) has published a summary of the discussions that took place at its Fablab workshop entitled “GDPR/from concepts to operational toolbox, DIY”.

Workshop gathered more than 90 participants. Among them were 40 representatives from data protection authorities. Aim of Fablab?was to discuss with representatives of industry, civil society, academics and relevant associations certain operational and practical issues identified in the Action Plan of the Working Party regarding the?General Data Protection Regulation (GDPR).

Working Party organised the?Fablab?workshop to help it?develop best practices and guidelines for the implementation of the GDPR, in particular with respect to the following topics:

(A) the delivery of guidelines on the Data Protection Officer ;
(B) the development of guidelines on the format, scope and modalities of Data Portability ;
(C) the production of a methodology and templates for Data Protection Impact Assessment, including the definition of guidance related to risk assessment in the GDPR, and finally ;
(D) the definition of criteria and mechanisms relating to certification and certification bodies.

Read?Results of the discussion

ICO publishes guidance on privacy notices under GDPR

UK’s Information Commissioner’s Office (ICO) has published guidance on privacy notices under EU General Data Protection Regulation (GDPR). GDPR introduces new requirements for controllers on notifying data subjects about processing of their data. GDPR requires privacy notices to be understandable and accessible. ICO’s guidance provides best practice on communicating privacy information to individuals.

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