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(Jul 28, 2016) In VKI v. Amazon EU, the Court of Justice of the EU on Thursday clarified which Member State’s data protection laws should apply to a data processing operation established within the EU but directed at a number of EU Member States. The applicant, VKI, was an Austrian consumer association; the respondent “… a company established in Luxembourg belonging to an international mail order group.” One of the questions asked of the ECJ was whether the processing of personal data by Amazon was “ … govern... Read More

The Privacy Advisor

Formerly of NAI, Rosenthal takes CPO job at Epsilon

(Jul 28, 2016) When Noga Rosenthal looks at Epsilon, she sees the future of the advertising industry, she said: "I see where we're going."  That's why, three weeks ago, she started her gig as Epsilon's chief privacy officer, leaving behind her stint as general counsel and vice president for compliance and policy at the Network Advertising Initiative. "I think it's an exciting, interesting world where data is driving personalization in unprecedented ways and we’re seeing the digital and direct marking worlds ... Read More

The Privacy Advisor

El RGPD: el nuevo Reglamento europeo sobre la protección de datos personales basado en el principio de Accountability

(Jul 28, 2016) Luego de 4 años de arduas negociaciones tripartitas, de intensos intercambios con los Stakeholders (las partes interesadas) y con un texto que cuenta con 173 considerandos y 99 artículos, el Reglamento General sobre la Protección de Datos (RGPD) fue publicado en el Diario Oficial de la Unión Europea el 4 de mayo de 2016. Este nuevo marco jurídico refuerza los derechos de los individuos y responsabiliza considerablemente a los responsables y encargados del tratamiento. El RGPD es el resultado, p... Read More

The Privacy Advisor

Which EU DPA should supervise Amazon?

(Jul 26, 2016) The Court of Justice of the European Union is due to give judgment Thursday in what may prove to be one of the more significant data protection cases of 2016. This is case C-191/15: Verein für Konsumenteninformation v Amazon. The ECJ is being asked to consider which Member State’s data protection law should apply where goods are sold across national borders but within the EU; for example, in the case goods are sold from a German or Luxembourgish website to an Austrian consumer.   VKI v Amazon i... Read More

The Privacy Advisor

Q&A: What do the FAA's new drone regs mean?

(Jul 25, 2016) The U.S. Federal Aviation Administration's new regulations on drones, or unmanned aerial devices, become effective late next month. The rules, which build on the privacy best practices published at the end of the National Telecommunications and Information Administration's multi-stakeholder effort last month, apply to commercial use of drones weighing less than 55 pounds. In this quick-hit Q&A, Diana Marina Cooper, senior director of legal and policy affairs at drone manufacturer PrecisionH... Read More

The Privacy Advisor

The Privacy Advisor Podcast: Kalinda Raina

(Jul 22, 2016) In this edition of The Privacy Advisor Podcast, LinkedIn Global Head of Privacy Kalinda Raina discusses her career in privacy. Raina was at Apple and Nintendo before moving to LinkedIn. Her role now, she says, is much more strategic than the roles she played in her earlier roles as a privacy pro. In this podcast, she talks about what keeps her motivated and how she got to where she is today.  Are you a podcast consumer? Grab the RSS feed from iTunes here. Read More

The Privacy Advisor

Will the U.K. soon stand alone on data retention?

(Jul 21, 2016) This week, Advocate General (AG) Henrik Saugmandsgaard Øe, senior advisor to the European Court of Justice (CJEU), dealt new British Prime Minister Theresa May’s plans for increased surveillance powers a serious blow.  In his formal opinion on cases Tele2 Sverige AB v Post- och telestyrelsen (C-203/15) and C-698/15 Davis and Others on national data retention obligations in Sweden and the U.K., respectively, Øe said that while such obligations may be compatible with EU law, they must be subject ... Read More

The Privacy Advisor

Does AG’s opinion mean there’s hope for Privacy Shield?

(Jul 20, 2016) The fundamentals of EU Data Protection Law are clear. Article 8 of the EU Charter of Fundamental Rights provides that “Everyone has the right to the protection of personal data.” Whilst the fundamentals may be clear, the application of EU Data Protection Law is complicated. One complication is that EU Data Protection law applies at an EU level. Each EU Member State must implement their own national data protection law (the EU’s new General Data Protection Regulation will change this somewhat, bu... Read More

The Privacy Advisor

The Privacy Advisor Podcast: Lorrie Faith Cranor

(Jul 15, 2016) In this edition of The Privacy Advisor podcast, FTC Chief Technologist Lorrie Faith Cranor, CIPT, talks about her gig working with the U.S.' defacto privacy regulators. A well-known researcher out of Carnegie Mellon University, Cranor is taking a break from academic life and helping inform policymakers and regulators on all things tech. In this chat with Angelique Carson, CIPP/US, Cranor discusses where she turns when she doesn't know the answer, what privacy pros should keep in mind when creati... Read More

The Privacy Advisor

Forsheit on her new role as firm's co-chair

(Jul 14, 2016) While Tanya Forsheit, CIPP/US, may be a new addition to Frankfurt Kurnit Klein & Selz in its newly-minted Los Angeles office as co-chair of the Privacy & Data Security Group, she’s hardly a new kid on the privacy block.  “I came out of law school in 1997, before privacy law became [a hot topic],” she said. “Privacy and data security was starting to become an area where clients were having a need to have more assistance. I was interested in it because it was opportunity to develop sort o... Read More

The Privacy Advisor