European Union Data Protection Directive

On 16 October 2012, the Court of Justice of the European Union (“CJEU”) ruled in favour of the European Commission in its claim against Austria that the Austrian Data Protection Authority, the Datenschutzkommission (“DSK”), was not independent from the Austrian government as required under Article 28 of the EU’s Data Protection Directive. View Full Post
EU Regulation: Reding Says Right to be Forgotten Must Be Balanced; EP Committee Calls for Enhanced Extraterritoriality In a June 18 speech in Luxembourg, European Commissioner for Justice Viviane Reding discussed the muchmaligned proposal for a “right to be forgotten” in the recently proposed EU Data Protection Regulation, admitting that “you cannot enforce an absolute right to be forgotten on the internet.”  She stressed that the right to forgotten “like the general right to privacy . View Full Post
The collective of EU Data Protection regulators, the “Article 29 Working Party” has published an Opinion regarding the use of cookies (see our earlier blog here) and usefully focuses on the two exceptions to the requirement to obtain consent, as set out in the EU e-Privacy Directive View Full Post
On May 28th, the Commission nationale de l’informatique et des libertés (“CNIL”), the French  authority responsible for data privacy, published guidance on breach notification law affecting electronic communications service providers.   The guidance was issued with reference to European Directive 2002/58/EC, the e-Privacy Directive, which imposes specific breach notification requirements on electronic communication service providers. View Full Post