Privacy

An update on Advocate General Sharpston's opinion in Volker und Markus Schecke GbR v Land Hesse, Cases C-92/09 and C-93/09, 17 June 2010, on whether EU legislation requiring disclosure of Common Agricultural Policy fund awards was compatible with privacy and personal data rights.

On June 15, 2012, the Connecticut governor signed legislation amending Connecticut's data security breach notification law (Conn. Gen. Stat. § 36a-701b). The amended law goes into effect on October 1, 2012.

The Court of Appeal has dismissed an appeal against a High Court decision granting a celebrity (M) an injunction to restrain publication of various items of information in a book about her written by a former friend (A). Among other things, the court rejected A's argument that publication should have been permitted because she had a right tell her story under Article 10 of the European Convention on Human Rights (Convention) (which provides for the right to freedom of expression), because the information related to M and was "shared" only in the sense that M had disclosed it to A in confidence. The case is also of interest because the court discussed how UK courts should construe Articles 8 and 10 of the Convention in light of jurisprudence from the European Court of Human Rights, in particular Von Hannover, which takes a wider view of privacy than that taken in domestic case law. Case: Ash and another v McKennitt and others, 14 December 2006.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

The Article 29 Data Protection Working Party has adopted an opinion on the European Commission's proposals for a revised data protection legislative framework.

The EU’s Article 29 Working Party has adopted an opinion (04/2013) on the data protection impact assessment template for smart grid and smart metering systems (WP205) in the energy sector.

The Article 29 Working Party has published an explanatory document on processor binding corporate rules (WP204).

The Article 29 Working Party has published its Opinion 03/2013 on purpose limitation (WP 203), which provides guidance for the principle's practical application under the Data Protection Directive (1995/46/EC) and includes recommendations with regard to the ongoing review of the EU data protection framework.

An update about the ASA upholding a complaint about image rights used in advertising in September 2009.

An update about an ASA complaint in May 2009 regarding an e-mail promotion that was offensive.

The Attorney General has announced that he will institute contempt proceedings against individuals posting online photographs purporting to be of Jon Venables or Robert Thompson, in breach of the privacy injunction in their favour.

This Law Firm Publication by Hogan Lovells gives an overview of the recently issued ‘Beijing Municipality Several Provisions on the Administration of the Development of Microblogs’ which are already effective in China. The Provisions set forth rules and regulations that echo existing legislation on prohibited content and are set to have a significant impact. This article considers the main features and implications of the new Provisions, most notably, the requirement for microblog users to register using their real identities as oppose to an internet alias.

A checklist of best practices for a company to consider when operating a social-networking service or when providing such a service as part of an online business.

This Law Firm Publication by Minter Ellison sets out the key features of the Privacy Amendment (Enhancing Privacy Protection) Bill 2012, which amends the Privacy Act 1988 in Australia. The Bill introduces a set of 13 privacy principles, replacing previous regulations in place applicable to government agencies and organisations in the country.

These standard clauses provide resolutions that covered entities can use to appoint a privacy and security officer as required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). These standard clauses include integrated notes with important explanations and drafting tips.

An expert Q&A with Jeffrey S. Klein of Weil, Gotshal & Manges LLP on best practices for employers implementing a Bring Your Own Device to Work (BYOD) policy.

The Crown Prosecution Service has announced that it will not prosecute BT Group Inc and Phorm Inc under the Regulation of Investigatory Powers Act 2000 in relation to the alleged unlawful interception of internet browsing data.

The California Attorney General has launched on online form for reporting data security breach notifications issued by businesses under California's breach notification law.  

A recent opinion of the Supreme Court of California held that the Song-Beverly Credit Card Act (Song-Beverly Act) does not apply to online transactions in which a product is downloaded electronically. The decision helps to clarify when personal identification information can be collected under the Song-Beverly Act.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from the Bloomsbury Professional book Courting Publicity: Twitter and Television Cameras in Court, which is an essential and up-to-date guide on the use of social media and technology in court. It examines the impact of Twitter and television cameras on the justice system and looks at the debate between media interests and third party rights. The author provides a definitive analysis of "super injunctions" and the effect of maximum publicity on court proceedings.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. Chapter 5 is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. Chapter 5 is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. Chapter 5 is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. This chapter is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. Chapter 5 is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. Chapter 5 is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. Chapter 5 is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This is a chapter from Privacy and Libel Law: The Clash with Press Freedom (Bloomsbury Professional), which is a topical new title covering the law surrounding the freedom of the press, set against the rights of individuals. The book includes an in-depth analysis of the review of UK libel law and the draft Defamation Bill published in March 2011. It examines the conflict between the protection of personal reputation or privacy and the safeguarding of genuine investigative journalism. The author also assesses issues ranging from whether the UK’s privacy and libel laws are sufficient to control the excesses of the press, to why celebrities choose to sue for libel in London rather than New York. Chapter 5 is FREE to view, as a sample of the book's contents. To view the other chapters, please subscribe to Books online.

This Note addresses the legal and contractual considerations relating to privacy and security under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) in the context of cloud computing. The Note includes specific contract provisions that should be considered when negotiating or evaluating a contract with a cloud provider.

An update on the committee set up by the Master of the Rolls to examine the issues around the use of so-called "super-injunctions".

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

On 1 March 2011, the Home Office published a consultation on a code of practice on the use of surveillance cameras.

A practice note outlining issues that providers should consider before placing cookies on the terminal equipment of internet users.

A note which describes the data protection and employment issues that arise when European companies listed at US stock exchanges set up corporate compliance (whistleblowing) hotlines in order to fulfil obligations under section 301(4) of the US Sarbanes-Oxley Act 2002. The note also discusses recent regulatory developments in the EU relating to whistleblowing hotlines, and suggests compliance strategies to ensure that hotlines comply with EU data protection laws.

The Court of Appeal has allowed an appeal against the High Court's decision to strike out a claim made on behalf of JK Rowling's infant son, David Murray, following the taking and subsequent publication of a photograph of David and his family in the street. The court held that the question of whether there was a reasonable expectation of privacy under the European Convention on Human Rights was a broad one, which took account of all the circumstances of the case. In particular, the court held that a child of famous parents, who had not sought publicity for their children, could expect the same degree of protection as a child of ordinary parents. The law should protect children from intrusive media attention, at least to the extent of holding that a child had a reasonable expectation that they would not be targeted in order to obtain photographs in a public place. The decision is of significance because of the emphasis given by the Court of Appeal to children's rights to privacy, and publishers will in future need to exercise greater caution when using photographs of children. Case: David Murray v Big Pictures (UK) Limited, 7 May 2008. NOTE: On 27 October 2008, the House of Lords refused Big Pictures (UK) Ltd leave to appeal against the Court of Appeal's decision (see Legal update, House of Lords refuses leave to appeal in privacy case concerning JK Rowling's son). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)

The Court of Appeal has dismissed an appeal against a High Court decision refusing to grant an injunction to Lord Browne, BP's chief executive, to restrain publication of various items of information given to the Mail on Sunday by his former homosexual partner. The court held, among other things, that because certain information, in this case use of BP's resources for private purposes, had been obtained as a result of a confidential relationship, this did not necessarily result in there being a reasonable expectation of privacy for that information. The case has also attracted considerable publicity on account of the lies in his evidence which forced Lord Browne to announce his resignation from BP. Case: Lord Browne of Madingley v Associated Newspapers Ltd, 3 April 2007.

The Court of Appeal has continued an injunction restraining publication of confidential information in favour of Howard Donald, one of the members of the TAKE THAT band, against Adakini Ntuli, with whom he had had a relationship. However, the court has lifted the anonymity provisions of the order and the super-injunction element concerning non-disclosure of the proceedings. (Adakini Ntuli v Howard Donald [2010] EWCA Civ 1276, 16 November 2010.) (Free access.)

An update on the Court of Appeal's decision in H v Tomlinson [2008] EWCA Civ 1258, 13 November 2008, in which the court rejected a claim for breach of privacy under Article 8 of the European Convention on Human Rights relating to information about an alleged arrest.

An update on Andrew Wood v Commissioner of Police for the Metropolis, 21 May 2009, in which the Court of Appeal (in a majority decision), overturning the High Court decision, found that the claimant's right to privacy had been infringed by the taking and retention of photographs of him by the police.

In a decision concerning the publication by The Mirror newspaper of medical notes of Ian Brady, the convicted "moors murderer", the Court of Appeal has upheld the High Court's refusal to order a journalist to disclose the source of his information. The court emphasised that its judgment should not be seen as diminishing the privacy or confidentiality of medical records. Case: Mersey Care NHS Trust v Robin Ackroyd, 21 February 2007.

The Court of Protection has issued an interim injunction with reporting restrictions which explicitly cover Twitter and Facebook. (W (by her Litigation Friend, B) v M (an adult patient, by her Litigation Friend, the Official Solicitor) and others [2011] EWHC 1197 (COP), 12 May 2011.)

The Crime and Courts Bill received Royal Assent on 25 April 2013, and includes new rules applicable in England and Wales for the award of costs and exemplary damages against certain types of news provider found to have committed libel, slander, breach of confidence, misuse of private information, malicious falsehood or harassment, with deliberate or reckless disregard of an outrageous nature for the claimant's rights.

On February 14, 2012, a group of Senate Committee leaders introduced the Cybersecurity Act of 2012, a bipartisan bill designed to secure critical infrastructure from cyber attack. The Act comes as a response to the growing threat of cyber attacks in the US.

This Law Firm Publication by White & Case gives a brief overview of the data protection and privacy principles in place in China. At present, there is no comprehensive legal framework to regulate the use and disclosure of personal data, however, the relevant rules are present across different pieces of legislation, presenting difficulties to data controllers operating in the country.

This article is part of the PLC multi-jurisdictional guide to data protection law. For a full list of contents visit www.practicallaw.com/dataprotectionhandbook. This article explores the key issues faced by companies operating in multiple jurisdictions that are dealing with or planning for a scenario where personal data has been accidentally lost, destroyed or disclosed.

This analysis article examines the importance of observing data protection law and introducing a compliance system for companies operating across jurisdictions. This is particularly the case in light of the likelihood of reinforced rules at EU level. A comprehensive compliance system can help companies to avoid the potential minefields and reduce the potential risks associated with non-compliance, particularly in view of the increasing significance of data protection for individuals and companies, the growing body of law in this area, and the existing obligations provided under data protection laws. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Austria. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data Protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Brazil. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data Protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in China. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data Protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in France. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Hong Kong. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in India. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Italy. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Luxembourg. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Norway. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in the Qatar Financial Centre (QFC). This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Romania. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in South Africa. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Sweden. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in the Czech Republic. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in the UK. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in the United Arab Emirates. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection in Turkey. This Q&A guide gives a high-level overview of data protection rules and principles, including obligations on the data controller and the consent of data subjects; rights to access personal data or object to its collection; and security requirements. It also covers cookies and spam; data processing by third parties; and the international transfer of data. This article also details the national regulator; its enforcement powers; and sanctions and remedies. To compare answers across multiple jurisdictions, visit the Data protection Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

A Q&A guide to data protection law in Greece.

A letter from a company to individuals (for example, employees or customers) notifying those individuals of a data security breach involving their personal information. This Standard Document has integrated notes with important explanations and drafting tips.

Sample clauses for use in a services agreement that involves the use, storage or other processing of personal information by the service provider. These clauses are drafted in favor of a customer, but aim to be reasonable. They may be incorporated into the services agreement or attached as a schedule to the agreement. These Standard Clauses have integrated notes with important explanations and drafting and negotiating tips.

On 12 December 2012, the DECC published the government's responses to various consultations on issues relating to smart meter roll out, setting out the government's decision on consumer engagement, privacy and security.

This Note considers the statutes, regulations and voluntary codes of practice that apply to direct marketing activities.

The High Court has held that an anonymity order protecting a footballer, who had sought an interim injunction to prevent disclosure of information, should remain in place despite C’s name having been disclosed on Twitter and in Parliament.

The Director of Public Prosecutions has issued interim guidelines for the Criminal Prosecution Service on prosecuting cases involving communications sent via social media. (Free access.)

A Note discussing the federal CAN-SPAM Act's requirements for commercial e-mails, its enforcement and best practices for compliance.

The European Court of Human Rights has rejected a claim that the House of Lords' decision in Campbell v MGN Ltd [2004] UKHL 22, that MGN Limited had breached the confidence of Naomi Campbell, violated MGN's right to freedom of expression, but has upheld MGN's claim that the requirement that it pay the claimant's success fees was a violation of that right. (MGN Ltd v UK, Application no. 39401/04, 18 January 2011.) (Free access.)

The European Court of Human Rights has ruled that two Finnish journalists' right to freedom of expression was violated when the Finnish courts found them guilty of infringing the privacy of the communications manager of a Finnish presidential candidate by publishing an article about her relationship with the ex-husband of a political reporter. (Saaristo and others v Finland, Application no 184/06, 12 October 2010.)

The European Court of Human Rights has ruled that a public body, Carmarthenshire College, breached an employee's right to respect for her private life and correspondence under Article 8(1) of the European Convention on Human Rights by monitoring, collecting and storing personal information relating to her telephone, e-mail and internet usage. Although the case confirms the scope of Article 8(1) in favour of the applicant, the importance of the decision is arguably limited by the fact that it was not considered against the backdrop of either the Regulation of Investigatory Powers Act 2000 or the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (neither of which had come into force at the relevant time). Case: Copland v United Kingdom, 3 April 2007.

The Grand Chamber of the European Court of Human Rights has upheld a decision of the German Federal Constitutional Court that publication of a photograph of Princess Caroline of Monaco on holiday was justified under Article 10 of the European Convention on Human Rights as contributing to a debate of general interest, because it accompanied an article about the illness of Princess Caroline's father. (Von Hannover v Germany (no 2) (Application nos 40660/08 and 60641/08) [2012] ECHR 228, 7 February 2012.)

The European Court of Human Rights has held that the UK is compliant with Article 8 of the European Convention on Human Rights (which guarantees respect for an individual's private and family life) even though there is no legal obligation on the media in the UK to warn individuals of any intention to publish material affecting their privacy. (Mosley v United Kingdom, Application no. 48009/08, 10 May 2011.) (Free access.)

An update on K.U. v Finland, Application no. 2872/02, 2 December 2008, in which the European Court of Human Rights upheld a complaint that Finland was in breach of its positive obligation to protect a child's right to privacy under Article 8 of the European Convention on Human Rights.

An update on the decision in Pentti Eerikainen and others v Finland, Application no. 3514/02, 10 February 2009, in which the European Court of Human Rights upheld a complaint by a journalist that interference with his right to freedom of expression under Article 10 of the European Convention on Human Rights was not justified.

The European Court of Human Rights has upheld a complaint by a German newspaper publisher that it should not have been injuncted against further publication of articles referring to the minor drug offences of  a well-known TV actor, as these represented a proper exercise of its freedom of expression under Article 10 of the European Convention on Human Rights, which outweighed the actor's right to a private life under Article 8 of the Convention. (Case: Axel Springer GmbH v Germany, Application no. 39954/08, 7 February 2012.)

The European Court of Human Rights has upheld a complaint by a  Dutch newspaper and two of its journalists under Articles 8 and 10 of the European Convention on Human Rights in relation to government action taken against them to identify their sources. (Telegraaf Media Nederland Landelijke Media BV and others v The Netherlands, Application no. 39315/06 [2012] ECHR 1965, 22 November 2012.)

An update on the decision of the Grand Chamber of the European Court of Human Rights in S. and Marper v United Kingdom, 4 December 2008, in which the court held that the UK's DNA database was a violation of the right to privacy under Article 8 of the European Convention on Human Rights.

An update on the decision in Standard Verlags GmbH v Austria (No 2), Application no 21277/05, 14 May 2009, in which the European Court of Human Rights rejected an Austrian newspaper's claim that its right to freedom of expression had been violated.

In Dadourian Group International Inc and others v Paul Simms & Others [2007] EWHC 2634 (Ch) the High Court considered the effect on third parties of an injunction against one party to prevent the use of confidential/privileged material. The court held that the use of such information by a third party may amount to a contempt of court if the use of the material would have a significant and adverse effect on the trial and, on the particular facts of this case, refused to allow the third party to rely on it. The case is a useful reminder that injunctions may bind third parties in circumstances where use of material, the subject of an injunction, may amount to a contempt of court. Parties should think carefully before using material which is the subject of such an order. It may be better in such circumstances to apply to the court to vary the original order.

This Note addresses electronic monitoring and surveillance of employees, including laws applicable to a private employer's monitoring of social media (such as Facebook). It discusses key issues private employers should consider, including compliance with wiretapping, privacy, anti-discrimination and labor relations laws. It also includes practical tips for minimizing the related risks.

In Eagle v. Morgan, the US District Court for the Eastern District of Pennsylvania granted partial summary judgment in a case involving an employer's alleged wrongful access to and control of a former employee's LinkedIn account. The court granted summary judgment to the employer on the plaintiff's Computer Fraud and Abuse Act (CFAA) and Lanham Act claims, but allowed the plaintiff's state law claims to proceed. This case highlights the importance of instituting and maintaining social media policies addressing the ownership of social media accounts during and following employment.

An update on a European Commission study on the future information society, which will inform its post-i2010 ICT strategy.

A legal update on Oluić v Croatia [2010] ECHR 686.

An expert Q&A with Christine A. Williams of Perkins Coie LLP on the HIPAA privacy and security issues related to moving personal health information to cloud storage.

On February 15, 2012, the Federal Communications Commission (FCC) issued a Report and Order under the Telephone Consumer Protection Act of 1991 (TCPA) imposing new restrictions on autodialed and prerecorded telemarketing calls (robocalls).

The FCC issued a declaratory ruling confirming that a one-time text message that confirms a consumer's request to opt-out of receiving text messages and meets specified criteria does not violate the Telephone Consumer Protection Act or FCC rules.

The FCC issued a public notice seeking comments on wireless phone carriers' methods to protect the privacy and data security of customer information stored on consumers' mobile devices and the application of existing privacy and security requirements to that information.

The California Attorney General announced a lawsuit against Delta Air Lines for violating the California Online Privacy Protection Act. The suit alleges that Delta failed to post a privacy policy informing users what personally identifiable information its mobile application collects and how the information is used.

The French data protection authority, CNIL, has written to Google, saying that Google's new privacy policy does not meet the requirements of the Data Protection Directive (95/46/EC).

The Federal Trade Commission has announced final amendments to the Children's Online Privacy Protection Rule. These amendments are intended to strengthen privacy protections for children and to give parents more control over the personal information that websites and online services collect from children under 13.

In a February 24, 2012 press release, the FTC annouced that it has approved Aristotle International, Inc.'s application to serve as a safe harbor program for implementing the Children's Online Privacy Protection Rule, the FTC rule that implements the Children's Online Privacy Protection Act.

The FTC has released a report recommending best practices for companies using facial recognition technology.

The Federal Trade Commission has issued a staff report that recommends ways for participants in the mobile marketplace to improve mobile privacy disclosures. It also issued a business guide providing app developers with recommendations for approaching mobile app security.

On August 1, 2012, the FTC issued additional proposed revisions to the Children's Online Privacy Protection Rule. The proposed revisions modify the definitions of various terms in an effort to clarify the scope of the Rule and to strengthen its protections for the online collection, use and disclosure of children's personal information.

The Federal Trade Commission (FTC) has announced a proposed settlement with Spokeo, Inc., a data brokerage company that compiles and sells detailed consumer information, over charges that it violated the Fair Credit and Reporting Act (FCRA) and the FTC Act. This is the first FTC case to address the sale of online data, including data from social media, in the context of employee screening. 

The FTC announced its publication of a guide intended to help mobile app developers observe truth-in-advertising and basic privacy principles. The guide is entitled ''Marketing Your Mobile App: Get It Right from the Start."

The FTC has issued an updated set of FAQs regarding the Children's Online Privacy Protection Act (COPPA) Rule which aims to help website operators, mobile app developers, plug-ins and advertising networks operating on child-directed websites, and online services prepare for the upcoming Rule changes.

In advance of a public workshop, the FTC is seeking public comments on consumer privacy and security issues posed by the growing connectivity of consumer devices, like cars, appliances, and medical devices.

The Federal Trade Commission has announced a settlement with RockYou, Inc., an online game provider, over charges that RockYou violated the FTC Act by misrepresenting its safeguards for protecting consumer information and violated the Children's Online Privacy Protection Act Rule by collecting children's information without proper notice and parental consent.

The FTC has reached an agreement on a proposed consent order with Upromise, Inc. on charges that it deceptively collected consumers' personal information and failed to protect that information in the manner stated in its privacy policy. As part of the settlement, Upromise, Inc. agrees to clearly disclose its data protection practices and establish an information security program to be audited periodically by a third party for the next 20 years.

In accordance with a recommendation contained in the Leveson report on press standards, the government has announced that it will extend costs protection to claimants for breach of privacy and defamation.

An update on the government's consultation on proposals to limit the length of time for which individuals' DNA profiles and fingerprints can be kept on the national DNA database.

An update on the Department for Transport's publication of an interim code of practice setting out requirements for use of body scanners at UK airports.

The government has proposed that a new press self-regulatory recognition body be created under a Royal Charter.

The government has published the Protection of Freedoms Bill, which had its first reading in the House of Commons on 11 February 2011.

Following the recommendations of the Hargreaves review, the government has announced that it will be introducing a new small-claims service for intellectual property cases in the Patents County Court.

In further litigation concerning the unauthorised publication of photographs of the wedding of Michael Douglas and Catherine Zeta-Jones, the Court of Appeal has allowed an appeal by Hello! magazine against the damages awarded to OK! magazine on the basis of a breach of commercial confidence, but dismissed other grounds of appeal.NOTE: On 2 May 2007, the House of Lords allowed OK!'s appeal against the Court of Appeal's decision in relation to breach of confidence (see Legal update, House of Lords partially allows OK!'s appeal in dispute with Hello). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)

The US Department of Health and Human Services' (HHS) Office for Civil Rights is beginning audits this month of covered entities, including health plans, to ensure their compliance with the Health Insurance Portability and Accountability Act's (HIPAA) privacy and security standards. The audit program should serve as a reminder to health plans to pay close attention to HIPAA. HHS has informally indicated that in 2012 it plans to release omnibus guidance finalizing proposed HIPAA and related guidance.

The High Court has agreed, in principle, to Imogen Thomas, the second defendant in an ongoing privacy case, making a statement in open court under Part 53 of the Civil Procedure Rules, although it did not approve her current draft. (CTB v (1) News Group Newspapers Ltd (2) Imogen Thomas [2011] EWHC 3099, 25 November 2011.)

The High Court has awarded £120,000 in damages against a defendant who, in an attempt to extort money from the claimant, published seriously defamatory allegations on the internet in spite of a court order injuncting him from repeating such statements. (ZAM v CFW [2013] EWHC 662 (QB), 26 March 2013.)

An update on the High Court's decision in Re B, C and D (Children) [2010] EWHC 262 (Fam), 5 February 2010, concerning the balance between the private rights and welfare of three adopted children under Article 8 of the European Convention on Human Rights and the right to freedom of expression of the children's birth parents and the media, under Article 10.

An update on the High Court's decision in Independent News and Media Limited and others v "A" (by his litigation friend, the Official Solicitor) [2009] EWHC 2858 (Fam), 12 November 2009, concerning an application to allow the media to attend a Court of Protection hearing.

An update on TUV v Person or persons unknown [2010] EWHC 853 (QB), 22 April 2010, in which the High Court ruled on the terms of an injunction against the press in a privacy case.

The High Court has continued an anonymity order and interim injunction to prevent The Sun newspaper from publishing a story about the claimant's sexual relationship with another person. (MNB v News Group Newspapers Ltd [2011] EWHC 528 (QB), 9 March 2011.)

An update on the High Court's decision in DFT v TFD [2010] EWHC 2335 (QB), 27 September 2010, in which it held that the interim injunction restraining the publication of private information (which the defendant had threatened to disclose) should continue together with the anonymity order, but that certain reporting restrictions should be lifted. 

The High Court has continued an ex parte interim non-disclosure order and injunction against harassment in favour of the landlord of Abu Qatada's family. (AM v News Group Newspapers Ltd and others [2012] EWHC 308 (QB), 23 February 2012.)

The High Court has continued an injunction to prohibit the publication of any information which might identify the claimants as having had a sexual relationship. (TSE and another v News Group Newspapers Ltd [2011] EWHC 1308 (QB), 23 May 2011.)  

The High Court has continued an ex parte interim non-disclosure order granted to the claimant in relation to a video of her engaged in a sexual act with the third defendant. (Tulisa Contostavlos v Michael Mendahum and others [2012] EWHC 850 (QB), 29 March 2012.)

The High Court has continued an interim injunction in favour of a footballer, protecting his anonymity and continuing the reporting restrictions. (CTB v News Group Newspapers Ltd and Imogen Thomas [2011] EWHC 1232 (QB), 16 May 2011.)

The High Court has refused to continue an interim injunction to prevent disclosure of private information about a Cabinet minister's 17-year-old son, who had played rugby for England. (Jonathan Spelman (a child by his litigation friends Mark Spelman and Caroline Spelman) v Express Newspapers [2012] EWHC 355 (QB), 24 February 2012.)

The High Court has dismissed an application for judicial review by an individual whose photograph had been taken by the police when they considered that there was a risk of unlawful activity. McCombe J held that the mere taking of photographs was not enough to interfere with a person's right of privacy under Article 8 of the European Convention on Human Rights, and that more was usually required before that threshold was crossed. The claimant could have little expectation of privacy as he was attending the annual general meeting of a public company as a media coordinator of a high-profile national pressure group. This decision is the first of its kind concerning the taking of photographs in public by the state, rather than a situation in which members of the media take photographs of celebrities, but in reaching his conclusions McCombe J considered case law relating to the latter, particularly Campbell v Mirror Group Newspapers Limited [2004] UKHL 22 and Von Hannover v Germany [2005] 40 EHRR 1. Case: Andrew Wood v Commissioner of Police for the Metropolis, 22 May 2008. NOTE:On 21 May 2009, the High Court's decision was overturned by the Court of Appeal (see Legal update, Court of Appeal rules police photographs infringed protester's privacy rights). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)

The High Court has held that the publication of various items of information regarding a celebrity in a book amounted to breach of confidence, including the disclosure of even trivial information about the celebrity's home, since this was expressly protected under Article 8 of the European Convention on Human Rights. NOTE: On 14 December 2006, the Court of Appeal dismissed an appeal against the High Court's decision (see Legal update, Appeal dismissed in McKennitt privacy case). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)

The High Court has granted an anonymity order to a disabled child when approving a settlement agreement for a negligence claim relating to treatment at a hospital managed by the defendant. (JXF (A child suing by his mother and Litigation Friend KMF) v York Hospitals NHS Foundation Trust [2010] EWHC 2800 (QB), 4 November 2010.)

The High Court has granted an injunction contra mundum in a privacy case. (OPQ v BJM and another [2011] EWHC 1059 (QB), 20 April 2011.)

The High Court has granted an injunction to prevent a vulnerable adult (T) from being identified in a BBC documentary which concerned the process by which T's two-year-old daughter (D) was adopted by a foster family. The documentary included footage of a number of intimate matters including T and D's last contact session. The judge ruled that T's rights under Article 8 of the European Convention on Human Rights (Convention) should take priority over the BBC's right to freedom of expression under Article 10 of the Convention. The value of the BBC's Article 10 rights was not proportionate to the exposure of T's raw feelings and of her relationship with D, especially as the public interest in publication could have been satisfied without identifying T or D. The case illustrates the nature of the balancing exercise which a court needs to carry out in deciding whether rights under Article 8 or 10 of the Convention should take priority. Case: T v The British Broadcasting Corporation, 11 July 2007.

The High Court has granted injunctions to restrain the defendants from publishing or disclosing private or confidential information about the claimant, and from harassing her, following publication of private and confidential information concerning the claimant on a website. (WXY v Gewanter and others [2012] EWHC 496 (QB), 6 March 2012.)

The High Court has granted the mother of Hugh Grant's baby an injunction, under the Protection from Harassment Act 1997, prohibiting harassment of her and her baby by photographers. (Ting Lan Hong and another v XYZ and others [2011] EWHC 2995 (QB), 18 November 2011.) 

The High Court has held in contempt of court two individuals who breached an injunction by posting online photographs purporting to be of Jon Venables or Robert Thompson, who were convicted of killing two-year-old James Bulger in 1993.

The High Court has ordered the disclosure of the name of a local authority involved in a child protection case at the request of the BBC. (Coventry City Council v X, Y and Z (Care Proceedings: Costs: Identification of Local Authority) [2010] EWHC B22 (Fam).)

Following the grant of a Norwich Pharmacal order against the website operator, the High Court has granted a further order to the claimant for a joint technical expert to examine the operator's database to assist in identifying the authors of allegedly defamatory postings on its website forum. (Patel v Unite [2012] EWHC 92 (QB), 27 January 2012.)

The High Court has partially lifted an injunction preventing publication by the defendant of details of a relationship between the former Chief Executive of the Royal Bank of Scotland, Sir Fred Goodwin, and his former less senior colleague. (Goodwin v NGN Ltd and VBN [2011] EWHC 1437 (QB), 9 June 2011.)

The High Court has refused to grant David and Victoria Beckham an injunction to prevent the publication of a story by their former nanny, Abbie Gibson, in the News of the World newspaper.

The High Court has refused an application by a woman (acting by the Official Solicitor as her litigation friend) for an injunction based on privacy grounds preventing the broadcast of a television programme and the publication of an article about her.

The High Court, in a case for which the transcript has just become available, has refused to grant an interim injunction in favour of the father-in-law of Gordon Ramsay against several newspapers to effectively keep the existence of his "second" family secret. (KGM v News Group Newspapers Ltd and others [2010] EWHC 3145 (QB), 1 December 2010.)

The High Court has refused to continue an anonymity order granted to the claimant in a privacy case, despite the parties having agreed to such an order. However, it did agree to continue the order to withhold all information about the subject matter of the case. (JIH v News Group Newspapers Ltd [2010] EWHC 2818 (QB), 5 November 2010.)

An update on John Terry (previously referred to as "LNS") v Persons Unknown [2010] EWHC 119 (QB), 29 January 2010, in which Tugendhat J refused to grant an interim injunction to prevent publication of information about a famous sportsman's personal relationship.

The High Court has refused to refer to the Attorney General a contempt of court application against Associated Newspapers brought by the woman alleged to have had an affair with Sir Fred Goodwin (Goodwin v News Group Newspapers Ltd [2011] EWHC 1341 (QB), 27 May 2011).

In a privacy action by Katie Price against four defendants, the High Court has refused to strike out her claim against Jamelah Asmar, who had been her friend and confidante. (Price v Powell and others [2012] EWHC 3527 (QB), 11 December 2012.)

The High Court has rejected the third defendant's attempts to exclude certain information from the scope of an interim injunction granted against him on the basis that it had entered the public domain in newspapers and online. (WXY v Henry Gewanter and others [2012] EWHC 1601 (QB), 13 June 2012.)

The High Court, at the return date hearing of an ex parte injunction in a privacy case, has reminded claimants and practitioners of the need to give notice of applications for interim non-disclosure orders. (AB v Barristers Benevolent Association Ltd [2011] EWHC 3413 (QB), 19 December 2011.)

The High Court has revoked by consent an anonymity order granted to the footballer Ryan Giggs in privacy proceedings.

An update on The Author of A Blog v Times Newspapers Ltd [2009] EWHC 1358 (QB), 16 June 2009, in which the High Court rejected an application by the author of a blog for an interim injunction, based on breach of confidence and privacy, to restrain a newspaper from identifying him.

An update on the High Court's decision in Gary Flood v Times Newspapers Limited [2009] EWHC 2375 (QB), 2 October 2009, concerning the defence of qualified privlege for both the print and website publications of a newspaper article. NOTE: On 13 July 2010, the Court of Appeal overturned the High Court decision that the printed article was protected by qualified privilege, but upheld, obiter, the High Court's finding that continued publication of the online article without suitable qualification after the newspaper was informed of the outcome of the investigation and that no further action would be taken, would not, in any event, have attracted qualified privilege (see Legal update, Court of Appeal approves finding that online newspaper archives did not attract qualified privilege). On 21 March 2012 the Supreme Court allowed an appeal that the printed article was protected by qualified privilege, but was unable to decide the continued publication issue due to lack of time (see Legal update, Supreme Court yet to resolve application of qualified privilege to continued online publication). (Details of PLC IPIT & Communications' policy on annotating case reports are set out here.)

In an action brought in a representative capacity by the Law Society and others for libel, harassment and breach of the Data Protection Act 1988, the High Court has ordered the defendant, the publisher of the solicitorsfromhell.co.uk website, to close the website. (The Law Society and others v Rick Kordowski [2011] EWHC 3185 (QB), 7 December 2011.) 

The High Court has struck out a claim made on behalf of JK Rowling's infant son, David Murray, following the taking and subsequent publication of a photograph of David (and his family) in the street. The court considered the European Court of Human Rights case of Von Hannover and the House of Lords decision in the Campbell case. The court held that it was bound to follow the Campbell case. Further, even though Von Hannover had extended the scope of Article 8 of the European Convention on Human Rights, it held that there remained a body of information which was innocuous or anodyne and did not raise a reasonable expectation of privacy, and that the information contained in the photograph in issue fell into this category. The court also struck out a number of claims under the Data Protection Act 1998. Case: David Murray v (1) Express Newspapers plc (2) Big Pictures (UK) Limited, 7 August 2007 NOTE: On 7 May 2008, the Court of Appeal allowed an appeal against the High Court's decision (see Legal update, Court of Appeal allows privacy claim relating to photograph of JK Rowling's son to proceed). On 27 October 2008, the House of Lords refused Big Pictures (UK) Ltd leave to appeal against the Court of Appeal's decision (see Legal update, House of Lords refuses leave to appeal in privacy case concerning JK Rowling's son). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)

An update on the High Court's decision in Webster & others v the Governors of the Ridgway Foundation School, 21 May 2009, to refuse inspection of names on the basis of Article 8 of the European Convention on Human Rights.

The High Court has varied an interim injunction in proceedings to prevent disclosure of private information to allow the defendant to disclose the information in Employment Tribunal proceedings (BUQ v HRE [2012] EWHC 774 (QB), 29 March 2012.)

A model agreement between an entity subject to HIPAA's privacy and security rules and its business associate, providing for the safeguarding of protected health information received or created on behalf of the entity. This Standard Document has integrated drafting notes with important explanations and drafting tips. This Standard Document is in the process of being updated for final HIPAA regulations issued in January 2013.

A sample notice from a covered entity that is a group health plan to an individual explaining the plan's privacy practices and how it may use and disclose the individual's protected health information. This notice is designed to comply with the requirements of HIPAA but does not address any applicable state law requirements. This Standard Document has integrated drafting notes with important explanations and drafting tips. This Standard Document is in the process of being updated for final HIPAA regulations issued in January 2013.

In Opis Management Resources, LLC v. Secretary, Florida Agency for Health Care Administration, the US Court of Appeals for the Eleventh Circuit ruled that the Health Insurance Portability and Accountability Act of 1996 (HIPAA) preempts a Florida law requiring nursing homes to disclose the medical records of deceased residents to certain individuals who request them.

A sample form for an individual to request a HIPAA covered entity (which includes health plans) to provide an accounting of disclosures of protected health information that were made by the covered entity. This form is designed to comply with HIPAA but does not address any applicable state law requirements. This Standard Document has integrated notes with important explanations and drafting tips.

An update on a speech by the Home Secretary Jacqui Smith, in which she announced future consultations on the use of RIPA, and the rules surrounding the use and retention of DNA samples.

On April 26, 2012, the US House of Representatives passed the Cyber Intelligence Sharing and Protection Act (CISPA) a controversial Internet surveillance bill that critics fear will harm Americans' privacy and civil liberties more than it will aid cybersecurity. There is concern that CISPA will give the federal government access to American citizens' confidential information.

In the latest instalment of a long-running dispute (see Legal update, House of Lords reverses Court of Appeal decision in Naomi Campbell privacy case), the House of Lords has rejected MGN's argument that it should not be liable for Ms Campbell's costs relating to a success fee under a conditional fee arrangement, holding that the success fee was proportionate to, and compatible with, its right to freedom of expression under Article 10 of the European Convention on Human Rights. Source: Campbell v MGN Limited [2005] UKHL 61, 20 October 2005.

The House of Lords has upheld an appeal by OK! magazine against the Court of Appeal's finding that OK! had no cause of action against Hello! for breach of confidence following Hello!'s unauthorised publication of photographs of the wedding of Catherine Zeta-Jones and Michael Douglas (the Douglases). However, OK!'s claim that Hello! had also unlawfully interfered with its business was rejected. The House of Lord's decision focussed on the commercial value of the photographic images of the wedding, which were worth £1 million to OK! in an exclusive publishing deal. While the Douglases had already succeeded in claims against Hello!, the House of Lord's decision completes the victory for the original claimants in this long-running dispute by extending the duty of confidence to OK! as the beneficiaries of an exclusive right to publish the Douglases' wedding pictures. Case: Douglas and another and others v Hello! Limited and others, 2 May 2007.

The House of Lords has refused leave to appeal against the Court of Appeal's decision in David Murray v Big Pictures (UK) Limited, concerning a privacy claim relating to a photograph of JK Rowling's son.

In addition to the controversial Cyber Intelligence Sharing and Protection Act (CISPA), the US House of Representatives approved three other cybersecurity bills on April 26 and 27, 2012. The bills include the Federal Information Security Amendments Act, the Cybersecurity Enhancement Act of 2011 and the Advancing America's Networking and Information Technology Research and Development Act.

The Information Commissioner’s Office has issued a short statement in response to Lord Justice Leveson’s report on the culture, practices and ethics of the press, and the current regulatory framework.

An update on the Information Commissioner's Office's press release announcing updated guidance for political parties under the Data Protection Act 1998 and Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).

Drafting note to accompany a release to authorise the use of photographs featuring a member of the public.

This is the index to Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and this indexare FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

On December 28, 2012, in Kirch v. Embarq Management Co., the US Court of Appeals for the Tenth Circuit affirmed a district court's ruling that an internet service provider did not violate the Electronic Communications Privacy Act of 1986 when it allowed a third-party online advertising company access to its users' clickstream information to conduct a test for directing online advertising to potentially interested users.

An overview of some of the key legal developments in the field of IP, IT and communications law during 2011, and an outline of key expected developments in 2012. (Free access.)

An overview of some of the key legal developments in the field of IP, IT and communications law during 2009, and an outline of some of the main expected developments in 2010.

An overview of some of the key legal developments in the field of IP, IT and communications law during 2012 and an outline of key expected developments in 2013.

This Law Firm Publication by Jackson Lewis LLP discusses new restrictions on requests for Social Security Numbers signed into law by New York Governor Andrew Cuomo on August 14, 2012. The new law will limit certain entities, including employers, from requiring individuals to disclose their Social Security Numbers for any purpose. Exceptions to the rule are provided for fraud investigations and criminal record checks, among other purposes. Employers and other entities who violate the law may be subject to civil penalties. The law becomes effective December 12, 2012.

The Civil Procedure (Amendment) Rules 2011 (SI 2011/88) will come into force on 6 April 2011 and include an amendment to the Practice Direction to Part 53 for defamation claims in relation to statements in open court.

The Law Society has published "best practice" guidelines for solicitors on the use of social media.

The government has been given the power under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to remove or amend the caps on fines that magistrates' courts can impose for  criminal offences.

Lord Justice Leveson has published the first part of his report into the culture, practices and ethics of the press.

There has been much focus on our libel laws recently, which could lead to significant changes in 2010; these could affect anyone from individuals to small businesses to large plcs, domestic or overseas.

The Massachusetts Supreme Judicial Court recently held that the practice of recording customers' ZIP codes when processing credit card transactions violates a Massachusetts consumer protection law.

An update on the government's publication of the responses to its consultation on controlling costs in defamation proceedings by reducing conditional fee agreement success fees.

A Practice Note discussing privacy considerations in the context of mobile applications (apps), including liability risks associated with mobile app information collection and practices for addressing those risks. This Note provides an overview of how mobile apps use technology to collect information about and track end users, identifying key differences between mobile apps and websites in terms of how they collect and store end-user information and end users' ability to control that collection and storage. It also discusses the legal framework governing mobile app privacy, including FTC rulemaking, guidance and enforcement actions.

A model mobile application (app) privacy policy for use by an online business for the collection, storage, use and disclosure of personal information, including for the purpose of selling goods or services to users of the business's mobile application, or for contacting users with direct marketing information. This Standard Document has integrated notes with important explanations and drafting tips.

The Mobile Marketing Association released the Mobile Application Privacy Policy Framework setting out guidelines designed to address core privacy issues and data processes of mobile applications and to provide mobile application developers with model policy language.

An update on the launch of the Global Network Initiative by a number of information, communication and technology (ICT) companies, human-rights organisations, academics, and investors, to promote compliance with international human rights laws.

Arkansas recently enacted Act 1480, which prohibits an employer from requiring or requesting a current or prospective employee to disclose his username or password for a social media account.

This Law Firm Publication by NautaDutilh provides a further update as to the new cookie regulations in the Netherlands, and provides a link to the official supervisory authority FAQs.

Illinois Governor Pat Quinn signed into law HB 3782, which bars employers from requesting login information or demanding access to employees' and applicants' accounts on social networking websites. The law is scheduled to take effect on January 1, 2013.

New Mexico recently enacted the No Social Media Access for Employers Act (SB 371), which prohibits employers from requesting or requiring that a prospective employee provide a password or access to the prospective employee's social networking account.

A number of changes to the Code of Practice overseen by the Press Complaints Commission will take effect on 1 June 2004, including the extension of the Code's privacy provisions to digital communications.

In Sams v. Yahoo! Inc., the US Court of Appeals for the Ninth Circuit affirmed the district court's order dismissing the plaintiff's class claims against Yahoo! for its alleged violation of the Stored Communications Act arising from Yahoo!'s disclosure of the plaintiff's basic subscriber information to the government after Yahoo was served with allegedly invalid subpoenas.

The Information Technology Laboratory (ILT) of the National Institute of Standards and Technology (NIST) has published new guidelines offering a catalog of security and privacy controls for federal information systems and organizations.

The Master of the Rolls has issued practice guidance for interim non-disclosure orders and a practice direction for a pilot scheme to record statistical data in relation to super-injunctions and anonymised injunctions, following the recommendations in the report of the super-injunctions committee.

The Northern Ireland High Court, in a judicial review application, has held that the retention by the police of photographs of the claimant, his fingerprints and DNA samples, did not interfere with his right to privacy. (JR27's Application [2010] NIQB 143, 23 December 2011.)

In a decision for which the transcript has only just become available, the Northern Irish High Court has refused to grant an order restraining the disclosure of Facebook comments in Mareva proceedings. (Martin and others v Giambrone p/a Giambrone & Law [2013] NIQB 48, 5 March 2013.)

This article is part of the PLC multi-jurisdictional guide to data protection law. For a full list of contents visit www.practicallaw.com/dataprotectionhandbook. The production and disclosure of documents showing a company's relations with other parties is usually not intended, though this may be important in legal proceedings. Data protection laws have introduced new potential tools to obtain documents and gather information outside legal proceedings. This article examines the grounds for these requests under Swiss law and the rights under the Swiss Data Protection Act.

Ofcom has dismissed a complaint by a member of the public, Mr Gareth Nixon, for unwarranted infringement of privacy in relation to an ITV documentary about binge-drinking in the UK which featured shots of Mr Nixon in a drunken state. Ofcom found that neither the filming, which took place openly in a public street, nor the broadcast of footage of Mr Nixon, infringed his privacy, and it therefore did not have to consider whether an infringement of Mr Nixon's privacy rights was warranted. Ofcom's decision is somewhat at odds with recent case law in the area of information privacy, in which the English and European courts have found that both private and public individuals have rights relating to their privacy in situations bearing some similarities with Mr Nixon's. Mr Nixon might have had more success if he had chosen a different forum for his complaint.

Online behavioral advertising programs, which target consumers based on their interests and preferences, have recently faced enhanced scrutiny from consumer advocates and regulators. This article explores the evolving legal and self-regulatory landscape of online behavioral advertising, and outlines key practical considerations for companies.

This Law Firm Publication by Osler Hoskin & Harcourt LLP focuses on the recent decision in Canada, where the Ontario Court of Appeal recognised a common law tort of “intrusion upon seclusion” was present in their decision in Jones v. Tsige. This decision potentially has significant implications for any organisation that collects or uses personal health, financial or other information.

An article by Simmons & Simmons on privacy law in the UK, following last week's publication of a House of Commons Select Committee report on libel, privacy and press standards, and the John Terry privacy case.

On 6 May 2009, the European Parliament voted to adopt the telecoms reform package, subject to one amendment that has not been agreed with Council.

An update on A man v Sunday World, 26 July 2010, in which the Press Complaints Commission held that the covert filming of consensual sexual activity in a private place for a newspaper report on the sex industry constituted a serious infringement of privacy, which was not justified as in the public interest.

The Press Complaints Commission is (according to press reports) planning to bring press Twitter feeds under its remit later this year.

An update on the Press Complaints Commission's ruling in Phyllis Goble v The People, 2 December 2009, in which it rejected a complaint that a press report about a serving police officer, which was based on material he had posted on social-networking sites, breached clause 3 of the Editors' Code of Practice (Privacy).

The Press Complaints Commission has ruled that the republication by the Daily Mail and The Independent on Sunday of messages published on the micro-blogging site Twitter did not constitute an unjustifiable intrusion into the complainant's privacy in breach of Clause 3 (Privacy) of the Editors' Code of Practice.

The Payment Card Industry (PCI) Security Standards Council (SSC) released a supplement to the payment card industry data security standards (PCI-DSS) addressing the use of cloud technologies and considerations for PCI-DSS controls in cloud computing environments.

This practice note considers UK data protection laws and guidance on personal data security breach management in the public sector.

The European Court of Human Rights has held that the further publication of photographs of Princess Caroline of Monaco, which had previously been published in two German magazines, was a breach of her right to privacy under Article 8 of the European Convention on Human Rights.

This Legal Update provides guidance and drafting tips for developing data security breach notice letters.

Two amendments will be made to the code of practice administered by the Press Complaints Commission from 1 January 2012.

An update on the Press Complaints Commission's new guidance on the issue of journalists paying parents for material involving their children's welfare.

The Press Complaints Commission has issued a new guidance note on privacy and the public domain following the publication in August 2012 of photographs of Prince Harry taken in Las Vegas.

An update on the publication of the Press Complaints Commission's annual review for 2008.

In the wake of the latest phone-hacking revelations the Press Complaints Commission has announced that it will launch a wide-ranging review of all aspects of current press regulation.

The Press Complaints Commission (PCC) has ratified a number of changes to its voluntary editors' Code of Practice for national and regional newspapers and magazines. The amendments include the addition of wording to the Code's preamble to ensure that the Code applies only to "editorial material" and not to the increasing volume of user-generated content. Clause 10 (clandestine devices and subterfuge) has been revised in light of the conviction of a News of the World journalist and a private investigator for tapping the phone messages of members of the Royal Family and their employees, and subsequent PCC recommendations (see Legal update, Press Complaints Commission issues guidelines on undercover reporting): the clause now expressly prohibits the accessing of "digitally-held private information without consent" and extends to cover "agents and intermediaries". The revised Code will take effect on 1 August 2007. Source: Press Complaints Commission press release, editors' code changes, 27 June 2007.

An update on the announcement that the remit of the Press Complaints Commission has been extended to include online-only publications.

The High Court has awarded the Prince of Wales summary judgment for breach of confidence and copyright infringement against the publisher of The Mail on Sunday in respect of his Hong Kong journal. However, the Prince's claims in respect of seven other journals will have to proceed to trial.Note: On 21 December 2006, the Court of Appeal upheld the High Court's decision (see Legal update, Appeal dismissed in Prince of Wales' diaries case). The House of Lords subsequently refused leave to appeal (see House of Lords refuses leave to appeal in Prince of Wales diaries case). (Click here for details of PLC IPIT & Communication's policy on annotating case reports.)

If legal commentators are to be believed, 2011 is the year of the super-injunction. However, the recent controversy in the media about how the increased use of injunctions in privacy cases is eroding freedom of speech actually relates to anonymity orders, and not to the super-injunction, which is now extremely rare.

This Law Firm Publication by Torys LLP considers the recent rise in privacy class actions in Canada, with a cross comparison to similar cases in the US. The article distinguishes two types of privacy claims; claims arising from mishaps or crime, and claims challenging business practices, as well as the two different countries approach to privacy disputes and their corresponding damages.

The GSMA, the global trade body for the mobile phone industry, has published new privacy guidelines for mobile phones.

A Q&A guide to privacy in Finland. The Q&A guide gives a high-level overview of privacy rules and principles, including what national laws regulate the right to respect for private and family life and freedom of expression; to whom the rules apply and what privacy rights are granted and imposed. It also covers the jurisdictional scope of the privacy law rules and the remedies available to redress infringement. To compare answers across multiple jurisdictions, visit the Privacy Country Q&A tool. This article is part of the PLC multi-jurisdictional guide to data protection. For a full list of contents, please visit www.practicallaw.com/dataprotection-mjg.

This Note provides an overview of privacy issues in employment, which may arise in various contexts, such as background checks, drug testing, e-mail and other electronic surveillance and tracking by GPS. Invasion of privacy claims are highly fact-intensive and largely dependent on state law. This Note contains information that is general and not jurisdiction-specific.

This note considers other possible causes of action, apart from a claim for misuse of private information or breach of confidence, that might be relied on to protect privacy.

This note contains a broad description of the key principles to be derived from the decisions of the UK courts and the European Court of Human Rights in privacy cases.

This Law Firm Publication by Davis LLP provides comment on an employment case being heard in the Supreme Court of Canada, surrounding employee expectations or privacy in relation to employer owned technology. The article examines various case law precedents which allude to the need for clear technology policies to be communicated to all employees in order to avoid disputes.

The Court of Appeal has agreed to grant an anonymity order to a famous sportsman but has allowed reporting of limited information about the subject matter of the privacy case.

The Grand Chamber of the European Court of Human Rights has ruled that the UK's retention of the fingerprints and DNA data of persons suspected but not convicted of a crime violated their right to privacy.

The Court of Appeal's recent decision in the case brought by JK Rowling´s young son clearly shows that the potential scope of private information is broader than previously thought.

The High Court has refused to grant an interim injunction to prevent publication of information about a famous sportsman’s relationship.

The European Court of Human Rights’ Grand Chamber has held that publication of a photograph of Princess Caroline of Monaco on holiday was justified as contributing to a debate of general interest, because it accompanied an article about her father’s illness.

The High Court has held that a newspaper article about a footballer’s extra-marital affair was justified in the public interest.

This practice note explains when a business can record telephone calls with third parties, such as customers or employees, and also the implications of recording face-to-face meetings.

This Law Firm Publication by Norton Rose focuses on the different approach to cookies and internet privacy rules in Canada in comparison to Europe. Currently, under the E-Privacy directive, EU legislation dictates an ‘opt-in’ approach, in comparison to the Canadian ‘opt-out’ approach under Canada’s Anti-Spam Law  Although at present authorities in Canada are seemingly taking a more relaxed approach to the regulation of the use cookies, it is important for companies operating in the territory to start adopting best practice methods ahead of any changes or European influence.

In Soppet v. Enhanced Recovery Co., the US Court of Appeals for the Seventh Circuit affirmed a district court decision that the phrase "called party" refers to the current subscriber of a cell phone number, and not the former subscriber, when determining consent under the automated calling provisions of the Telephone Consumer Protection Act (TCPA). The phrase is undefined under the statute and this is the first appellate court ruling addressing its use.

Form of risk factor relating to cyber security that may be inserted into a public company's annual and periodic reports, registration statements or private placement offering documents. This document provides sample language describing risks arising from information security, including the impact of a potential or actual material network breach and steps taken to reduce risk exposure. These Standard Clauses have integrated notes with important explanations and drafting tips.

The Scottish criminal appeal court, the High Court of Justiciary, has allowed the BBC access to photographs of a child taken by his mother, who was later convicted of his murder, and has rejected her claims for copyright infringement and privacy. (BBC v Kimberley Mary Hainey [2012] HCJDV 10, 12 January 2012.)

On October 13, 2011, the SEC's Division of Corporation Finance issued guidance on disclosure obligations relating to cyber security risks and incidents.  

An update on the report published by the House of Commons Culture, Media and Sport on press standards, privacy and libel.

On March 6, 2012, the US Court of Appeals for the Seventh Circuit issued an opinion on an interlocutory appeal in Sterk v. Redbox finding that Redbox cannot be found liable for statutory damages under the Video Privacy Protection Act for failing to destroy personal information because no injury actually occurred.

The actress Sienna Miller is reported to have accepted a record sum of £37,500 in damages, plus costs, to settle a claim for invasion of privacy against a photographic agency and News Group Newspapers, whose titles The Sun and The News of the World published nude photographs that were taken of her illicitly on a film set. This dispute differs from the more common scenario of public figures being photographed while pursuing their private lives on holiday or at home, as the photographs in question were taken while Ms Miller was working on a (presumably) closed film set. For discussion of the case law in this area, see PLC Practice note, Overview of image rights. Source: BBC news report, 10 December 2007.

This article is part of the PLC multi-jurisdictional guide to data protection law. For a full list of contents visit www.practicallaw.com/dataprotectionhandbook. This chapter examines the basic principles of the Data Protection Directive, the Model Contract Clauses introduced by the Article 29 Working Party and their most recent amendments, the Alternative Model Clauses, the Binding Corporate Rules, the Safe Harbour Principles, certain issues around the transfer of data in legal proceedings outside the EEA and the new bank data transfer agreement (SWIFT II).This article is part of the PLC multi-jurisdictional guide to data protection law.

A standard clause approved for the purposes of Directive 95/46/EC for the transfer of personal data to processors in third countries that do not ensure an adequate level of protection as set out in the Annex to Commission Decision 2010/87/EU. This Standard document has been adapted by PLC IPIT & Communications from the original text available at the EUR-Lex website with the permission of the Publications Office of the European Union. © European Communities, eur-lex.europa.eu/  Only European Union legislation printed in the paper edition of the Official Journal of the European Union is deemed authentic.

A chart that sets out state requirements for notifying state agencies and state law enforcement authorities in the event of a data breach involving the personal information of individuals.

The committee on super-injunctions set up by the Master of the Rolls, Lord Neuberger, has published its extensive report entitled Super-injunctions, anonymised injunctions and open justice, which examines the practice and procedure governing such injunctions and makes a number of recommendations. (Free access.)

An update on the Supreme Court's decision in Application by Guardian News and Media Limited and others in HM Treasury v Mohammed Jabar Ahmed and others [2010] UKSC 1, 27 January 2010, in which the court found that the rights of the press under Article 10 of the European Convention on Human Rights trumped the appellants' Article 8 rights. 

The Supreme Court has ruled on the scope of the prevention or detection of crime defence under the Protection from Harassment Act 1997. (Hayes v Willoughby [2013] UKSC 17, 20 March 2013.) (Free access.)

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. This chapter and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This Law Firm Publication by Werksmans Attorneys examines key aspects of the Protection of Personal Information Bill (POPI) in South Africa. The proposed legislation has far reaching consequences for the control and movement of information about individuals. Therefore, the implications for holding valuable information assets must be carefully examined and understood prior to POPI becoming law.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

This is a chapter from Telecommunication Laws in Europe (Bloomsbury Professional) is a unique guidance book providing a comprehensive and up-to-date overview of telecommunications regulation, law and regulatory practice in Europe. The lead chapter on Electronic Communication Law and Policy of the European Union provides an in-depth analysis on the EU legal framework for the electronic communications sector, as amended by the 2009 EU Regulatory Package. In 34 country chapters, local experts describe and analyse the telecommunications laws and regulatory practice of the EU Member States and several non-EU countries in Europe. The EU chapter and the country chapters are complemented by detailed chapters on EU Data Protection and Privacy, EU Competition Law in the Telecommunications Sector, The Law of the International Telecommunication Union and the World Trade Organisation, and Compliance and Risk Management. The chapter on the German market and the index are FREE to view, as a sample of the book's content. To view the other chapters, please subscribe to Books online.

A guide to recent developments and proposed changes in the regulation and enforcement of consumer privacy and data security.

In R (T and others) v Chief Constable of Greater Manchester and others [2013] EWCA Civ 25,  the Court of Appeal considered whether unfiltered disclosure of convictions and cautions breached Article 8 of the European Convention on Human Rights.

This Law Firm Publication by NautaDutilh looks at the Dutch Parliament's approval of amended cookie rules in relation to internet privacy regulation in the Netherlands. The rules, published on 8 May 2012, state that consent should be obtained if internet service providers are using the cookie information for any other purpose than the user intended them to.

A model website privacy policy for use by an online business in connection with the collection, storage, use and disclosure of personal information, including for the purpose of selling goods or services to users of the site, or for contacting users with direct marketing information. This Standard Document has integrated notes with important explanations and drafting tips.

A Note discussing written information security programs (WISPs) under the Massachusetts data security regulation (Mass. Regs. Code tit. 201 § 17.00). The Note also discusses reasons for adopting a WISP, preliminary considerations and enforcement actions by the Massachusetts Attorney General.