Tag Archives: personal data

The GDPR Soon Will Go Into Effect, and U.S. Companies Have to Prepare

The European Union’s (“EU’s”) General Data Protection Regulations (“GDPR”) go into effect on May 25, 2018, and they clearly apply to U.S. companies doing business in Europe or offering goods and services online that EU residents can purchase. Given that many U.S. companies, particularly in the health care space, increasingly are establishing operations and commercial relationships outside the United States generally, and in Europe particularly, many may be asking questions akin to the following recent inquiries that I have fielded concerning the reach of the GDPR:

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ILN Today Post

New fines for data protection breaches – Mistakes for which you have to pay

By Maxim Ali
Senior Associate

By Robert Houchill
Associate/Solicitor

As has been extensively reported in Russia, since 1 July 2017 the Russian Code for Administrative Offences has been amended to include new fines for the ‘inappropriate’ processing of personal data.

Public attention has mainly been focused on the size of the new fines as set out in Article 13.11 of the Code; whilst previously a company or organisation could be fined up to 10,000 roubles (around $170) for a breach, this has now been increased to 75,000 roubles (around $1,270).  The risks are heightened by the fact that a fine can be imposed for each individual breach, accordingly for an organisation that might be involved in the processing of a large volume of data (such as internet companies, banks, insurers or large corporations) the total fines can quickly add up to be a very significant sum.

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ILN Today Post

Transfers of Personal Dada to the USA – Cancellation of European Commission Decision 2000/520/EC

Transfers of personal data from EU member states to the USA were affected by a recent decision of the European Court of Justice (ECJ) regarding the Safe Harbour programme for the transfer of personal data from the EU to the USA. The European Court of Justice decided in case C-362/14 (Maximilian Schrems v. Data Protection Commissioner, Ireland) that Commission Decision 2000/520/EC on the adequacy of the protection provided by the safe harbour privacy principles for transfers of personal data to the USA is invalid.

This means that if personal data is transferred from any EU member state to the USA on the basis of the above mentioned Commission Decision, the process must be reassessed in accordance with the local legislation on personal data protection. For example, the Czech Office already published its recommendation in connection with the ECJ decision in the Schrems case. Even before the ECJ decision, it was recommended consulting each case of the transfer of personal data based on safe harbour principles to the USA with the competent local authority before the transfer.

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The Legal Protection over Personal Information in China 2015/11/4 12:16:04

I.          What Is Personal Information and What Is Individual Privacy

Generally speaking, “personal information” refers to all the information relevant to an individual, which, once saved on computers or networks, shall be known as “personal data”. On the other hand, “individual privacy” refers to the information that an individual is not willing to disclose or the information that if disclosed, will cause adverse influence to the individual.

The right that protects an individual’s privacy is known as the right to privacy. It is a right of personality that protects the peace of one’s personal life and the private information irrelevant to public interest from illegal harassment, acknowledgement, collection, utilization or publication. The concept of right to privacy was raised by United States attorneys Samuel D. Warren and Louis D. Brandeis (future United States Supreme Court Justice) in their paper entitled The Right to Privacy published in the fourth issue of the Harvard Law Review on December 15th1890. In his dissenting opinion in Olmstead v. United States (1928), Justice Brandeis wrote that a citizen enjoys the “right to be let alone”, which has later been recognized as the classical dissertation on the right to privacy. The case initiated wide discussion among the society in the United States at the time, and generated profound impact on the protection over individual’s privacy.

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