October



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October 28, 2013
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EU LIBE Committee Adopts EU Data Protection Compromises, Reform Package Set for Parliamentary Vote

"The EU Parliament 's Committee on Civil Liberties, Justice and Home Affairs (""LIBE"") voted on 21, October 2013 to adopt its report on the draft General Data Protection Regulation and the separate Directive for the law enforcement sector. This vote sets out the Parliament 's position for its negotiations with the Council and Commission (known as the ""trialogue"" stage). The Committee aims to have a plenary Parliamentary vote in March before the Parliamentary elections. The report contains significant amendments compared with the original draft prepared by the European Commission in January 2012. The vote now permits the Parliament to proceed to the trialogue negotiation with the Council and Commission once the Council has reached an agreed position. Previously the high number of amendments (approximately 4,000) proposed by the Parliament to the legislation had given rise to concerns that the Regulation would not be passed before the next European elections. Now that the European Parliament has made its position known, pressure will shift to the Member State governments to reach agreement on a position within the European Council. Once a common position is reached, negotiations can begin with the European Parliament and Commission."

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October 28, 2013
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Data Protection and Privacy Commissioners Release Resolutions on Tracking, Profiling, International Cooperation

"The collected DPAs attending the 35th Annual Conference of Data Protection and Privacy Commissioners showed a united front and that they mean business. As part of his keynote speech kicking off the open part of the conference, Polish Minister of Administration and Digitization Michel Boni said, ""We need regulations. Hard regulations. In Europe, we have a discussion pending-we have to make sure it is a strong law to harmonize the laws of all the states rather than a directive."" This sentiment was echoed by Jacob Kohnstamm, chairman of the executive committee of the International Conference of Data Protection and Privacy Commissioners. ""Even more than before,"" he said later in the day, ""we stand ready to work together to tackle contraventions with our respective legislation and ensure the best possible protection of our citizens. The only way to maintain a high level of protection is for data protection authorities to cooperate closely. We will actively work together in selecting targets for cross-border investigations. If companies break our laws, they should be ready to deal with an international and cooperative response."" It should not be surprising, then, that one of the resolutions to come out of the conference's closed session is ""to further encourage efforts to bring about more effective coordination of cross-border investigation and enforcement ."" Perhaps the most practical part of the resolution is a mandate for the International Enforcement Coordination Group to develop a common approach to cross-border case handling and enforcement coordination, hopefully to be adopted at next year's conference."

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October 28, 2013
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How to Work With Your European Data Protection Authority

At the IAPP Privacy Academy in Seattle, Washington, Harriet Pearson, Partner in the Hogan Lovells Privacy and Information Management Practice, hosted a breakout session entitled: How to Work with Your European Data Protection Authority. The Session featured Billy Hawkes, Data Protection Commissioner of Ireland, and focused on providing privacy practitioners with practical advice on how to approach a Data Protection Authority (DPA) and earn their trust. The session also addressed practical compliance questions for European markets, gave advice on making successful regulatory filings, and gave tips for handling complaints and other challenging situations. Lovells has published Working with your European DPA, a quick-reference resource guide on how to build a productive relationship with your DPA and featuring contact information of all national European Data Protection Authorities and the European Data Protection Supervisor. Steps to a productive relationship with your DPA include: In the jurisdictions important to your organization, identify the DPAs and their key staff, Understand the DPA 's current priorities and prior statements and positions, and Identify the filing and registration requirements in the DPA 's jurisdiction, and make sure your organization takes steps to comply.

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