Digital Rights Ireland (DRI) intend to serve legal proceedings on the Government in the coming days, claiming that the Office of the Data Protection Commissioner (ODPC) has acted in breach of EU law by failing to ensure that the Data Protection Commissioner (DPC) exercises her role independently. The High Court is to be asked to
The Data Protection Commissioner (DPC) has published updated guidance on the use of CCTV, and new guidance on the use of Body Worn Cameras and Drones. While guidance issued by the DPC is not legally binding, it is regarded as best practice, and organisations should take steps to comply with same.
Model Contracts are standard contractual clauses for the transfer of personal data outside the EU/EEA which have been approved by the European Commission. They have been approved on the basis that they provide sufficient safeguards for privacy, fundamental rights and the exercise of those rights. To date two sets of standard contractual clauses for the transfer of personal data outside the EU/EEA from data controllers to data controllers and one set for transfers from data controllers to data processors have been approved by the Commission.
The Office of the Data Protection Commissioner is to get a €1.2m increase in funding for 2016. Minister for European Affairs and Data Protection, Dara Murphy announced the measure, under Budget 2016, and said that the increased resources are bring provided to "ensure that Ireland continues to have an excellent regulatory and enforcement regime for data protection, and that we are fully equipped to adapt to the ever-increasing pace of change in the digital economy".
As has been reported widely in the world media, the Court of Justice of the European Union (CJEU) this week declared the EU-US Safe Harbour regime to be invalid. The decision has understandably given rise to a lot of concern among European businesses that transfer data to the US.
In this blog post, we seek to answer the main questions that are being asked following the CJEU ruling.
The Advocate General, Yves Bot, of the Court of Justice of the European Union (CJEU) last week delivered his opinion in the Maximillian Schrems v Data Protection Commissioner Case, C‑362/14 (the Opinion). The Opinion, which is advisory in nature, recommends that the Safe Harbour programme be invalidated and that the Irish Data Protection Commissioner (the DPC) be empowered to carry out a full investigation as to the adequacy of protection afforded to the personal data of Facebook’s EU users.
The Office of the Data Protection Commissioner (ODPC) participated in the third Global Privacy Enforcement Network (GPEN) Privacy “Sweep” (the Sweep) which took place between 11th and 15th May 2015. The aim of the Sweep was to examine the data privacy practices of websites and apps aimed at or popular among children.
Statewatch.org have recently published a leaked copy of the European Council’s draft of the proposed new Data Protection Regulation and it makes for interesting reading.
Unmanned Aerial Vehicles, or Drones, as they are more commonly known, have traditionally been regarded as a military tool, frequently featuring in media reports on US military action as well as TV dramas such as ‘Homeland’ and ‘House of Cards’. They are however, being increasingly put to a much broader spectrum of uses.
Drones have been used by humanitarian organisations to deliver food and medical supplies to crisis-stricken areas. Following typhoon Haiyan in the Philippines, drones were used by international relief agency Medair to map terrain and create a detailed system of 3D aerial images of the region to make relief efforts more efficient. Amazon’s Prime Air development project has also garnered a lot of attention for its goal to use drones to deliver goods to customers in 30 minutes or less. Drones are also now available to buy in electronics stores and are used to capture videos and photographs by amateur and professional photographers.
The political machinations continue at EU level and predictions for publication of a final form Data Protection Regulation increasingly refer to 2016 as the likely date. But to read behind the headlines continues to be a useful exercise for corporates who need to give real consideration now to what their regulatory landscape might look like in the not too distant future.
A key issue will be determining the place of “main establishment” which in turn will determine the appropriate lead authority.
If that isn’t clear, or there is disagreement, it is being proposed that an EU Data Protection Board (EDPB) would have power to make a binding determination.