Data Privacy: A Look at Europe’s “Right to be Forgotten” and Other Protection Laws
Don’t tell Nat King Cole, but apparently the Europeans WANT to be forgotten. For your weekend reading, a roundup of legal commentary and analysis on the European Union’s recently proposed “Right to be Forgotten” and other changes to its data protection laws:
Europe Ups the Ante on Data Privacy (Winthrop & Weinstine, P.A.)
“Last Wednesday, the European Commission unveiled the changes to its data privacy laws. If the changes are adopted, companies will deal with a single, national data-protection authority in the EU country in which they have their main base. Individuals can tender complaints to the data-protection authority in their own country even when their data is processed by a company based outside the EU.” Read more»
European Commission Issues New Data Protection Proposals (Duane Morris LLP)
“A ‘right to be forgotten’ will be introduced. This proposal has been discussed by leading figures at the Commission for some time and was originally aimed at social media, but it is likely to be of much wider effect. This may necessitate careful thought. For example, can an employee suspected of theft exercise his or her ‘right to be forgotten’ to have those details deleted?” Read more»
EU Proposes Overhaul of Data Protection Laws (Loeb & Loeb LLP)
“The amendments would also apply to U.S. and non-EU based companies ‘that are active in the EU market and offer their services to EU citizens.’ A memo explaining the proposed amendments states that the European Commission will establish ‘clear rules defining when EU law is applicable to data controllers established in third countries, in particular by specifying that whenever goods and services are offered to individuals in the EU, or whenever their behaviour is monitored, European rules shall apply.’” Read more»
Europe Plans Significant Expansion in Data Protection Rights (Davis Wright Tremaine LLP)
“To address criticism of the lack of consistency in the implementation of data privacy rules across Europe, the Commission has proposed that the data protection rules take the form of a new Regulation… This means that there will be a single set of rules that will apply across Europe, replacing separate data protection laws in each of the more than 30 countries that have adopted the European framework.” Read more»
A New Chapter in European Data Protection: Commissioner Reding Publishes Long-Awaited Draft Data Protection Regulation (Morrison & Foerster LLP)
“… ‘personal data’ is broadly defined to cover any information relating to an identifiable individual. The Regulation now provides that such identification can be through all means ‘reasonably likely to be used’ by the controller or other parties, in particular through references such as ID number, location information, online identification, or other factors. This means that most online information will be regarded as personal data, even if the data are not used to identify specific individuals.” Read more»
Comprehensive Data Protection Reform Proposal Released by European Commission (Mintz Levin)
“The draft law now contains a stand-alone section on consent — and a definition: any ‘freely given specific, informed and explicit indication of will’. Consent cannot be used as a legal basis for processing personal data where ‘there is a clear imbalance between the data subject and the controller.’ This appears to be problematic for US companies that have relied on some sort of consent from employees for the processing of personal data.” Read more»
Overhaul of European Data Protection Law Announced (Morgan Lewis)
“Organisations that employ more than 250 people will be required to have a designated data protection officer. The data protection officer will have specific duties in relation to advising and monitoring the organisation and ensuring compliance.” Read more»
EU Commissioner Reding Defines Future of Data Protection (Jaya Tackopersadh)
“The proposal does not feature the Safe Harbor option for data transfers, but instead states that the Commission will issue a report assessing the functioning of the framework. In a press release issued on the same day, Peter Hustinx, the European Data Protection Supervisor, ”expressed regret” that the Commission does not propose stricter rules for the transfer of personal data outside the EU, and that the DPAs are not given mandatory powers to effectively control the processing of personal data in this area.” Read more»
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