Safe Harbour is invalid – What’s the impact of the recent decision by the European Court of Justice

On 6 October the European Court of Justice (CJEU) adopted a fundamental decision on transfer of personal data between the EU and the USA. In case C-362/14 Maximillian Schrems vs. Data Protection Commissioner the CJEU ruled that the Commission decision 2000/520, which states that the USA under the procedure known as “safe harbor” ensure adequate… Read More »

One continent, one law (?)

Last saturday was the twentieth anniversary of the European data protection legislation. On October the 24th of 1995, the Directive 95/46/EC was approved. It was a turning point for all Member States, in order to remove the obstacles to the free flow of personal data, the level of protection of the rights and freedoms of… Read More »

Standard about privacy

ISO – the International Organization for Standardization has already issued a set of guidelines and frameworks that anticipate the European Regulation on privacy. The main standards already published are: ISO / IEC 29100: 2011 Information technology – Security techniques – Policy framework ISO / IEC 29101: 2013 Information technology – Security techniques – Privacy architecture ISO… Read More »

DPO duties and indipendence

In the last version of the Privacy Regulation, the DPO role is not compulsory but an option for Data Controllers. The DPO is mandatory for all organizations of the European Union (agencies). The last version of the Regulation made the certification an option. Organizations willing to be certified should appoint a manager to lead the project… Read More »

The Council adopted a General Approach on the Directive in the law enforcement area

On 9 October 2015, the Council of the European Union reached a General Approach on the Proposal for a Directive on protecting personal data processed for the purpose of law enforcement (full text here). Another milestone in the process of approving the Data Protection Reform as the Reform is, in fact, a legislative PACKAGE  that includes two legislative… Read More »

THE SCOPE OF MATERIAL APPLICATION: THE LIMITS

The General Data Protection Regulation (the text of June 2015) defines  the scope of material application as provided by the law in force, in observation of section 3: This Regulation applies to the processing of personal data, entirely or partly automated and to the processing of personal data not automated contented in a record or… Read More »

EDPS mobile app

The European Data Protection Supervisor launched a mobile app to compare the latest texts proposed for theGeneral Data Protection Regulation from the Commission, the Parliament and the Council on tablets and smartphones. https://secure.edps.europa.eu/EDPSWEB/edps/Consultation/Reform_package