October



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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October 6, 2015
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Germany Toughens Up On Data Retention

German policymakers have moved to strengthen data retention laws, insisting that information will only be stored in Germany, and for much shorter periods, after the European Court of Justice struck down EU legislation that required data storage for longer periods. In 2010, Germany's constitutional court struck down a previous data retention bill on grounds that it violated users' privacy by broadly collecting and storing data from all users. That law allowed for data storage in Germany, or other EU countries, for six months. The new draft bill states that data must be stored in Germany, which has been rocked by revelations over US data espionage since 2013.

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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October 6, 2015
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New Luxembourg Bill On Data Retention - Criminal Data

"On January 7, 2015, the Luxembourg Ministry of Justice filed with the Chamber of Deputies bill n� 6763 (the Bill) modifying Article 67-1 of the Luxembourg Criminal Procedure Code (the Criminal Code) and Articles 5, 5-1 and 9 of the Act of May 30, 2005 laying down specific provisions for the protection of persons with regard to the processing of personal data in the electronic communications sector, as amended from time to time (the 2005 Privacy Act). By so doing, the Luxembourg government aims to comply with the Court of Justice of the European Union (the ECJ) ruling of April 8, 2014, the so-called ""Digital Rights"", in joint cases C-293|12 - Digital Rights Ireland and C-594|12 - Seitlinger and Others, whereby the ECJ has declared the Data Retention Directive 2006|24|EC to be invalid. The Bill focuses on traffic data (Article 5 of the 2005 Privacy Act) and location data other than traffic data (Article 9 of the 2005 Privacy Act)."

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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October 6, 2015
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New Mandatory Privacy Audits

"The recent amendments to the Polish Act on the Protection of Personal Data (the ""PPD"") came into force on 1 January 2015.

Among other things, they introduced mandatory internal data protection audits. We consider their impact on Polish data controllers and potential loopholes in this new law. The intention of the recent amendments to the PPD was to reduce the regulatory burden on entrepreneurs, but it is not clear if this is the effect in practice. Instead, the Regulation imposes new and onerous obligations on information security officers and indirectly also data controllers who have appointed such a person. The Regulation also fails to clearly describe which data controllers are subject to these audits. In practice, they may deter data controllers from making such an appointment given the potential additional audit obligations that will entail."

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