New Rules for Personal Data Protection and Media: Why Reconcile Privacy Policies and Media Business Models in the Digital Environment?
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Edri Submission to UN Special Rapporteur David Kaye's Call on Freedom of Expression and the Private Sector in the Digital Age
EDRi submission to UN Special Rapporteur David Kaye's call on freedom of expression and the private sector in the digital age Introduction EDRi is a not-for-profit association of digital civil rights organisations. Our objectives are to promote, protect and uphold civil rights in the field of information and communication technology. European Digital Rights (EDRi) welcomes the UN Special Rapporteur on freedom of opinion and expression David Kaye’s public consultation on the role of ICT companies vis-à-vis freedom of expression in the digital environment to identify: I. the categories of actors in the ICT sector whose activities implicate the freedom of opinion and expression; II. the main legal issues raised for freedom of opinion and expression within the ICT sector; and III. the conceptual and normative work already done to develop corporate responsibility and human rights frameworks in these spaces, including governmental, inter-governmental, civil society, corporate and multistakeholder efforts. I. ICT actors with a potential to impact freedom of expression and opinion In order to communicate online, it is necessary to rely on a chain of different service providers, often based in different jurisdictions and with whom one may have no direct relationship at all. For example, if "zero-rating" or even data caps are imposed by Internet access providers in a country and you have no organisational and financial capacity to be "zero-rated", your ability to communicate with people that are using such restricted services is limited and there is no "leverage" with the ISPs that connect your intended audience with the Internet. -
Google Privacy Policy: Main Findings and Recommendations
APPENDIX GOOGLE PRIVACY POLICY: MAIN FINDINGS AND RECOMMENDATIONS OUTLINE I. Main findings .............................................................................................................................................................. 2 1) Legal Framework ................................................................................................................................................. 2 2) Information ............................................................................................................................................................ 2 3) Combination of data across services ........................................................................................................... 3 4) Retention period .................................................................................................................................................. 5 II. Recommendations ................................................................................................................................................... 5 1) Information ............................................................................................................................................................ 5 i. Particular case of mobile users ................................................................................................................. 6 ii. Particular case of passive users ................................................................................................................ 7 2) -
Green Views on Digital Rights and Digital Commons
Adopted Policy Paper GREEN VIEWS ON DIGITAL RIGHTS AND DIGITAL COMMONS Introduction As information, digital technologies and the internet play an increasingly important role in today’s society, new forms of cooperation and work can emerge, as well as alternative economic models and new possibilities for involving citizens in society and political participation. Meanwhile, a whole array of new laws since the end of the 90s – from “intellectual property” to security – keep raising deep concerns. We Greens are taking a stand to defend individual rights and serve public interests. The European Greens want to take a leading role in building and strengthening digital commons and enabling all people to take part in digital society. As Greens we like to see the internet, the worldwide digital infrastructure as digital commons1. That means a free and open common ground for all citizens to communicate, share and profit from available resources. However, we know that in reality the internet is far from being free, open and for the benefit of all citizens. We also recognise the limits of governmental intervention in a global infrastructure and the dangers of state interference in the free flow of information. But to safeguard digital rights we need the intervention by national states, the European Union and the entire global community. We Greens want to achieve an internet and digital society where civil rights are respected and all citizens can profit equally from the rich amounts of information and culture that are now accessible while acknowledging author rights. In view of rapid technological developments these goals must also be applicable to devices and tools outside the internet where the right to privacy is at stake. -
GDPR Is Here: What to Expect Now?
GDPR Is Here: What to Expect Now? Brett Lockwood Smith, Gambrell & Russell, LLP June 19, 2018 Agenda Principal Obligations Related Developments Under GDPR & What’s Ahead E.U. / U.S. Compliance Comparison & Best Practices GDPR Obligations Summary • E.U. General Data Protection Regulation (GDPR) was effective May 25, 2018 • Replaces 1995 E.U. Privacy Directive, with many new provisions: enhanced personal rights, affirmative consent, breach notice and DPO requirements • Very broad and process oriented • Essentially: If you process personal data of a person in the E.U. or processing is in the uE.U. or yo are a controller or processor in the E.U. then GDPR applies • Penalties –greater of €20 MM or up to 4% of worldwide revenue GDPR Obligations Key Definitions • Data Subject: an identified or identifiable natural person • Personal Data: any information relating to a Data Subject • Processing: any operation which is performed on personal data • Controller: one who determines the purposes and means for the processing of personal data • Processor: one who processes personal data on behalf of a controller (Art. 4) GDPR Obligations Major Requirements • Governing Principles for Processing Personal Data (Arts. 5, 24 & 25) ► Processing must be lawful, fair and transparent ► Processed for specified, explicit and legitimate purpose ► Adequate, relevant and limited to processing purpose ► Must be accurate and kept updated without delay ► Maintained only as long as necessary for processing purpose ► Must ensure appropriate security GDPR Obligations Major Requirements (Continued) • Affirmative consent from data subject (or guardian) or another lawful basis (e.g., legitimate interest or contract fulfillment) is needed to process data (Arts. -
Table of Contents
Table of Contents Foreword ...................................................................................................................... v Preface ........................................................................................................................ vii Table of Contents ......................................................................................................... xi Table of Cases ........................................................................................................... xxi Table of Legislation ...................................................................................................lvii Chapter 1 Introduction Introduction .................................................................................................................. 1 Core Principles that apply to Internet Law ................................................................... 5 Importance of the internet ....................................................................................... 5 User-generated content ........................................................................................... 9 Internet v traditional modes of communication .................................................... 11 Liability of intermediaries .................................................................................... 22 The E-Commerce Directive .................................................................................. 28 Privacy and anonymity ........................................................................................ -
Privacy International, Human and Digital Rights Organizations, and International Legal Scholars As Amici Curiae in Support of Respondent
No. 17-2 IN THE Supreme Court of the United States IN THE MdATTER OF A WARRANT TO SEARCH A CERTAIN EMAIL ACCOUNT CONTROLLED AND MAINTAINED BY MICROSOFT CORPORATION UNITED STATES OF AMERICA, Petitioner, —v.— MICROSOFT CORPORATION, Respondent. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT BRIEF OF PRIVACY INTERNATIONAL, HUMAN AND DIGITAL RIGHTS ORGANIZATIONS, AND INTERNATIONAL LEGAL SCHOLARS AS AMICI CURIAE IN SUPPORT OF RESPONDENT LAUREN GALLO WHITE BRIAN M. WILLEN RYAN T. O’HOLLAREN Counsel of Record WILSON, SONSINI, GOODRICH BASTIAAN G. SUURMOND & ROSATI, P.C. WILSON, SONSINI, GOODRICH One Market Plaza Spear Tower, & ROSATI, P.C. Suite 3300 1301 Avenue of the Americas, San Francisco, California 94105 40th Floor (415) 947-2000 New York, New York 10019 [email protected] (212) 999-5800 [email protected] [email protected] [email protected] Attorneys for Amici Curiae (Counsel continued on inside cover) CAROLINE WILSON PALOW SCARLET KIM PRIVACY INTERNATIONAL 62 Britton Street London, EC1M 5UY United Kingdom [email protected] [email protected] i QUESTION PRESENTED Whether construing the Stored Communications Act (“SCA”) to authorize the seizure of data stored outside the United States would conflict with foreign data-protection laws, including those of Ireland and the European Union, and whether these conflicts should be avoided by applying established canons of construction, including presumptions against extra- territoriality and in favor of international comity, which direct U.S. courts to construe statutes as applying only domestically and consistently with foreign laws, absent clear Congressional intent. ii TABLE OF CONTENTS PAGE QUESTION PRESENTED .......................... -
Annual Report 2017
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Civil Society Organizations and General Data Protection Regulation Compliance
Civil Society Organizations and General Data Protection Regulation Compliance Challenges, Opportunities, and Best Practices ABOUT THE ORGANIZATIONS The Open Society Foundations, founded by George Soros, are the world’s largest private funder of independent groups working for justice, democratic governance, and human rights. Open Society funded this report hoping to make a contribution towards stronger data governance in civil society. Data Protection Support & Management is a niche data protection consultancy specializing in assisting humanitarian organizations, nonprofits, research institutes, and organizations dealing with vulnerable data subjects and complex processing environments These efforts aim to help these groups and organizations innovate responsibly and comply with their data protection obligations. © 2020 Open Society Foundations This publication is available as a PDF on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ABOUT THE AUTHORS Vera Franz is deputy director of the Open Society Lucy Hannah is a data protection consultant with Information Program where she oversees the global Digital Protection Support & Management, a certified portfolios responding to threats to open society data protection officer, and an Australian-qualified created by information technology. For the past lawyer, working across Europe and the United decade, Franz has worked to develop and implement Kingdom. Hannah has extensive experience in field strategies to confront corporate data exploitation privacy, data protection, and regulatory compliance. and government surveillance. -
The Eprivacy Regulation (Epr) and Its Impact on Banks
www.pwc.ch/ Is ePrivacy defining the future standard of data protection for the banking industry? The ePrivacy Regulation (ePR) and its impact on banks “The question of the right to privacy must be one of the defining issues of our time.” S. Shetty PwC | The ePrivacy Regulation and its impact on banks | 2 Table of Contents The ePrivacy Regulation (ePR) and the impact on banks 3 The ePrivacy Regulation in a nutshell 3 Legal background 3 Key requirements of the ePrivacy Regulation 4 The ePrivacy Regulation and the GDPR 5 How does the ePrivacy Regulation affect you? 7 Key challenges of ePR for banks 7 What is our suggested approach 8 Prioritisation is key 8 How can PwC help? 9 Contacts 9 3 | The ePrivacy Regulation and its impact on banks | PwC The ePrivacy Regulation (ePR) and its impact on banks The European Commission is finalising the ePri- The cornerstones of the proposed rules on Privacy vacy Regulation (ePR), which may become effec- and Electronic Communications are: tive, together with the EU GDPR, from May 2018. All electronic communications must be confi- The ePR, which protects the right to respect for dential private life and communications, is one of the key Listening to, tapping, intercepting, scanning and pillars of the EU’s Digital Single Market Strategy. storing of, for example, text messages, e-mails or voice calls will not be allowed without the consent This new regulation is designed to be ‘future- of the user. The newly introduced principle of proof’: all existing and future communication confidentiality of electronic communications will technologies are and will be subject to it. -
Global Statement to Safeguard Data Protection and Privacy In
CONSUMER AND DIGITAL RIGHTS GROUPS CALL ON THE GLOBAL INTERNATIONAL JOINT INITIATIVE ON E-COMMERCE TO STATEMENT SAFEGUARD DATA PROTECTION AND PRIVACY Since January 2019, more than 80 countries of the World Trade Organization (WTO) have been negotiating a new rule book for digital trade. This process is called the Joint Statement Initiative on e-commerce (JSI). The announced goal of this initiative is to define global rules to make it easier for consumers and companies to trade online. Cross-border data flows are one of the key provisions in these negotiations. The purported objective is to facilitate international data transfers across national borders. It is crucial to consider the broad implications of any cross-border data flows provisions, which could undermine people’s human right to privacy and personal data protections1. Failing to do so would defeat another ostensible purpose of these negotiations: to enhance consumer trust online. Many digital services rely on the collection and processing of personal data. At the same time, consumers wish to have control over their personal data. Scandals like Cambridge Analytica, the invasive and constant tracking and exploitation of people’s data have eroded people’s trust in cross-border data transfers2. 72% of surveyed consumers across the globe are concerned about the collection of their personal data by companies online3. That is why consumer and digital rights groups around the world are uniting their voices to call for strong and meaningful privacy protections in any international agreements that touch on cross-border data transfers. The outcome of the JSI negotiations must put people’s rights to privacy and personal data protection first. -
Gibson Dunn Paris | Data Protection – December 2020
December 14, 2020 GIBSON DUNN PARIS | DATA PROTECTION – DECEMBER 2020 To Our Clients and Friends: Personal Data Watch Europe 11/27/2020 – Committee of Convention 108 | Guidelines | Children's data protection in education setting The Council of Europe’s Committee of Convention 108 published guidelines on children's data protection in an education setting. For further information: Council of the Europe Website 11/20/2020 – Presidency of the Council of the European Union | Progress report | ePrivacy Regulation The European Data Protection Board (EDPB) published a statement on the ePrivacy Regulation and the future role of Supervisory Authorities and the EDPB. In particular, the EDPB expressed its concerns about the latest developments regarding the enforcement of the future ePrivacy Regulation, which would create fragmentation of supervision, procedural complexity, as well as lack of consistency and legal certainty. For further information: EDPB Website 11/17/2020 – European Data Protection Supervisor | Opinion | European Health Data Space The European Data Protection Supervisor published a Preliminary Opinion on the European Health Data Space, which aims to highlight the essential elements to be taken into account in its elaboration from a data protection perspective. For further information: EDPB Website 11/10/2020 – European Data Protection Board | Document | Procedure for the development of informal Codes of Conduct sessions The European Data Protection Board (EDPB) published a document on the procedure for the development of informal “Codes of Conduct sessions”. For further information: EDPB Website 11/12/2020 – European Commission | Draft Standard Contractual Clauses The European Commission published two draft Standard Contractual Clauses: (i) the first to carry out an international transfer of data to a third country in the absence of an adequacy decision under Article 46 of the GDPR, and (ii) the second to regulate the relationship between data controller and data processor in accordance with the requirements of Article 28. -
Access Now's Comments to the Proposed E-Privacy Regulation
Access Now’s comments to the proposed e-Privacy Regulation On January 2017, the European Commission tabled a proposal for a Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications), also known as the ePrivacy Regulation. Access Now welcomes the proposal which aims at upgrading the rules on the right to privacy and the confidentiality of communications to today’s digital era. We have taken an active role in the review of this important legal instrument, by providing comments to the EU Commission consultation of Spring 2016 and policy recommendations in December 2016. Access Now supports the development of an e-Privacy Regulation, a central piece of legislation for the development of a digital single market that would provide users with a high standard of privacy protection, help restore trust in businesses, and promote the use of tools to fight surveillance. On that basis, we have analysed below the Commission’s proposal and proposed amendments to improve the future Regulation. For More Information, Please Contact Fanny Hidvégi | European Policy Manager | [email protected] Estelle Massé | Senior Policy Analyst | [email protected] 1 Original proposal Access Now proposed amendments (1) Article 7 of the Charter of Fundamental (1) Article 7 of the Charter of Fundamental Rights of the European Union ("the Charter") Rights of the European Union ("the Charter") protects the fundamental right of everyone to protects the fundamental right of everyone to the respect for his or her private and family life, the respect for his or her private and family life, home and communications.