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Privacy & Data Protection

Prison for Data Misuse?

October 18, 2009

The Ministry of Justice is consulting on proposals for custodial sentences for persons convicted of knowing or reckless misuse of personal data….

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Bavarian Lager: Irresistible v Immovable

October 15, 2009

An Advocate General’s Opinion in the ‘Bavarian Lager’ case has now been published. It concerns personal data and access to documents. She advises the ECJ to rule against the Commission….

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US Ruling on Software Resale

October 11, 2009

Scott Vine reports on a US case which makes a radical suggestion on the nature of software ownership. It suggests that a shrinkwrap licence may not prevent resale of software a person ‘owns’….

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Cloud Busting

October 7, 2009

Wim Nauwelaerts & Pauline Le Bousse explain why cloud computing requires a new approach to data privacy and security….

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Council of Europe Consultation on Online Profiling

October 7, 2009

The Council of Europe’s Consultative Committee of the Convention 108 on Data Protection is seeking views on its “Draft Recommendation on the Protection of Individuals with regard to Automatic Processing of Personal Data in the Framework of Profiling’….

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SNS Privacy Practices: Canada, the EU and Beyond

September 30, 2009

Following the recent thorough review of Facebook’s privacy practices by the Canadian Privacy Commissioner and the Article 29 Working Party Opinion affecting social networking providers, the climate has changed. Philip James looks at both developments and considers their implications for privacy policies affecting social networking sites….

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Identity, Privacy and the Law

September 29, 2009

Lorna Brazell asks profound questions about the nature of identity and privacy. She looks at the forms of legal protection which might be used to protect any right to privacy that exists and looks forward with alarm to a brave new world of increased observation of the actions of the ordinary citizen….

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Flash Cookies: A Regulatory Risk?

September 27, 2009

Web site operators around the world appear to be enjoying the benefits of Flash cookies in increasing numbers. However, Andrew Danson feels that using them without proper safeguards could be an invasion of users’ privacy and land imprudent operators in hot water with regulators….

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Advocate General’s Opinion on AdWords

September 22, 2009

Google has the general support of the Advocate General’s opinion in the case before the European Court on alleged trade mark infringement by the use of AdWords…

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A Host of Problems: Defamation Liability of Irish ISPs

September 11, 2009

Tess Crean examines the effect of major new Irish legislation on defamation and welcomes the clarification of the law that it offers….

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