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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Article 29 Working Party

Posted in International/EU Privacy

UK ICO Publishes Guidance on Consent Under GDPR

The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year, but reading the guidance makes it clear why the ICO decided to prioritise it: many of the practices which it identifies as unacceptable are fairly common in the UK, meaning many companies are going to have to re-think their approach to legitimising their data processing.

Posted in International/EU Privacy

Triple GDPR Guidance Issued by Article 29 Working Party

No one could accuse the EU Article 29 Working Party of not delivering as promised. Following its recently held December plenary meeting, the WP29 has released three separate guidelines with their interpretation of some key aspects of the General Data Protection Regulation, namely: data portability, data protection officers, and lead supervisory authorities. At the same time, the WP29 has confirmed its role as the “EU centralised body” for handling individual complaints under the Privacy Shield and the re-establishment of its enforcement subgroup in charge of coordinating cross-border enforcement actions. We explore the three guidelines in this post.

Posted in Health Privacy/HIPAA, International/EU Privacy

mHealth Code to Aid App Developers in the EU

The European Commission has actively promoted the importance of mHealth following their 2014 consultation. One of the initiatives to emerge from the Commission has been the Privacy Code of Conduct for mHealth apps. The Code was drafted by a working group set up in January this year and the final draft was published on 7th June and submitted to the Article 29 Working Party for their consideration and approval. If and when it receives the Working Party’s approval it could then be relied upon by app developers wishing to demonstrate a good standard of data protection compliance. The Code is an example of the type of initiative that is increasingly likely to develop under the forthcoming EU General Data Protection Regulation.

Posted in International/EU Privacy

Inside the New EU-U.S. Data Framework: A Practical Breakdown of the Privacy Shield

The February 29, 2016 announcement of the new EU-U.S. data transfer framework—the Privacy Shield—was accompanied by over 130 pages of documentation and significantly more operational details than its predecessor, Safe Harbor. We have reviewed the Privacy Shield materials and published a comprehensive breakdown of the changes from Safe Harbor to Privacy Shield and the practical impact on business: Inside the New and Improved EU-U.S. Data Transfer Framework.

Posted in International/EU Privacy

European Multi-Stakeholder Group Releases Connected Vehicles Report

Connected cars can generate large volumes of data, including data on engine performance, location, and driver behaviour. The European Commission has convened multi-stakeholder groups to figure out how to organize access to that data in a safe, competitively neutral, and privacy-friendly way. Two recent reports shed light on the principles under consideration for data sharing infrastructures in the EU. And legislative and regulatory developments in the EU will likely have a substantial impact on connected car deployments.

Posted in International/EU Privacy

International Data Transfers – The Uncertainty Continues

Following the announcement by the European Commission of the newly agreed EU-US Privacy Shield, the missing piece of the jigsaw was the Article 29 Working Party’s stance on the adequacy of the existing mechanisms in place—in particular, standard contractual clauses and binding corporate rules. So after two days of intense discussions, the Working Party has issued a statement with its latest position, which is the follow up to their original reaction to the invalidation of Safe Harbor last October. The bottom line: the Working Party still does not view US government surveillance laws as sufficiently protective of privacy—a position which calls all transfers of personal data to the US in question, regardless of the methods used to legitimise the transfer—but they will reconsider this position in light of the Privacy Shield in the coming months.

Posted in International/EU Privacy

Safe Harbor Aftermath – Never a Reason to Panic

It’s close to 7pm on a Friday evening and my team are trying their best to manage our clients’ stress and frantic desperation. Jokes about how much they love Max Schrems are shared by email. In the meantime, we are diligently working our way through endless charts of dataflows and attempting to cover every single […]

Posted in Health Privacy/HIPAA, International/EU Privacy

The Final GDPR Text and What It Will Mean for Health Data

The EU General Data Protection Regulation has been called the most lobbied piece of legislation in the history of the EU. Before Christmas last year, what is likely to be the final text of the GDPR emerged from the EU trilogue negotiations. Victoria Hordern, Senior Associate at Hogan Lovells, explores what the new GDPR will mean for those collecting and handling health data, and examines a number of the provisions and themes that impact the use of health data.

Posted in International/EU Privacy

EU Data Transfers: Considering Your Options After Today’s Article 29 Working Party Statement

The EU’s Article 29 Working Party issued a statement today on the recent Schrems decision invalidating the adequacy of the EU-U.S. Safe Harbor framework, emphasizing that affected businesses should start to put in place legal and technical solutions in a timely manner to meet EU data protection standards. The statement gave a January 2016 deadline for companies to come into compliance with the ruling, at which point EU data protection authorities would be “committed to take all necessary and appropriate actions, which may include coordinated enforcement actions.” In response, we publish here a high-level analysis of the possible options available for companies—including the EU Standard Contractual Clauses, Intra-Group Agreements and other ad-hoc contracts, Binding Corporate Rules, Safe Harbor 2.0, and consent—and the pros and cons of choosing each one.

Posted in Health Privacy/HIPAA, International/EU Privacy

Mobile Health in the EU (Part 2): Personal Data and Sensitive Information in mHealth Businesses

In our previous post we outlined the key issues regarding mHealth devices and services from a privacy law perspective. Now, we go further into the details and discuss the scope of the personal data involved, especially relating to sensitive health data. We introduce the relevant statutory requirements in the EU and the legal opinions of the Article 29 Working Party and the European Data Protection Supervisor as well as having a look at the upcoming European General Data Protection Regulation. Against this legal background, one core question we will examine is whether information collected and processed by lifestyle apps and devices must be classified as health data and fall under the strict requirements of European data protection laws.

Posted in International/EU Privacy

Recording and Deck from Webinar: Safe Harbor Invalidated – What Next?

Thank you to everyone who participated in today’s webinar “Safe Harbor Invalidated – What Next?”, in which we analyzed the implications of yesterday’s decision by the Court of Justice of the European Union invalidating the EU-U.S. Safe Harbor Framework. A copy of the slide deck and a link to a recording of the webinar are attached to this post.

Posted in International/EU Privacy

“Europe’s Big Opportunity” – The European Data Protection Supervisor on the General Data Protection Regulation

Following on from the Article 29 Working Party’s Opinion in June, the European Data Protection Supervisor has now published his own recommendations for the proposed General Data Protection Regulation. Unsurprisingly, given that the EDPS is a member of the Working Party, the views expressed are in line with that Opinion. At this point you may be tempted to stop reading, but wait, there is more. In addition to expressing his vision of the GDPR (more on which below) and producing his own recommendations for every single article of the GDPR, the EDPS has demonstrated his commitment to practicality by making this all available as a mobile app. The app allows you to select which of the drafts you wish to see side by side, scroll rapidly through the contents to select a particular article, or search on the whole text so you can see at a glance what each version says, for example, about pseudonymisation or profiling. Whilst the app may have limited appeal, and is unlikely to keep small children entertained on long car journeys, it will be a thing of joy for its target audience.

Posted in International/EU Privacy

Mobile Health in the EU (Part 1): Introduction to mHealth and Privacy Laws

The mobile Health sector is rapidly developing and revolutionising the healthcare market. More and more consumers share information such as medical and physiological conditions, lifestyles, daily activity and geolocation via all kinds of health-related mobile applications and devices. The growing success of mHealth, however, inevitably casts a spotlight on compliance with privacy protection laws. Data protection agencies and supervisory bodies in the EU recently raised concerns about the collection, processing and use of customers’ data by mHealth apps and mobile devices. This blog introduces the key hot spots involving mHealth and data protection laws, before we dig deeper on other issues in a series of consecutive posts on this blog in the upcoming weeks.

Posted in International/EU Privacy

Part 7: The New Accountability Regime

Accountability has been described by the Article 29 Working Party as a way of “showing how responsibility is exercised and making this verifiable”. Accountability is far from being a new concept. It was introduced back in 1980 in the OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data. This entry is an excerpt from Hogan Lovells’ “Future-proofing privacy: A guide to preparing for the EU Data Protection Regulation.”

Posted in Health Privacy/HIPAA, International/EU Privacy

The Treatment of Health Data Under the EU Data Protection Regulation – Cause for Hope?

On 9 March, the Council of the EU issued a partial general approach on a key chapter of the EU Data Protection Regulation which has implications for the regulation of health data. The Council’s stance has been welcomed by a number of healthcare commentators as it promotes a more flexible approach to the use of health data and accords with the tenor of the revised version of the draft Regulation that emerged from the Council in December last year.

Posted in International/EU Privacy

EU Regulation: Article 29 Chief Criticizes Risk-Based Approach

Addressing the French Parliamentary Commission on Digital Rights, CNIL and Article 29 Working Party Chair Isabelle Falque-Pierrotin commented on the current state of negotiations of the proposed European General Data Protection Regulation, warning that excessive reliance on a risk-based approach could undermine fundamental rights. A risk analysis is useful as a guide to allocate resources, but should not affect the underlying rights of the data subject, she said. To illustrate her point, Falque-Pierrotin used the analogy of a home owner who lives in a part of the city where burglaries are frequent. The risk-based approach means that the home owner will buy more locks for doors, and that police authorities may devote more resources to patrolling. It does not mean, however, that home owners have different rights depending on where they live. Falque-Pierrotin is concerned that the current negotiations on the risk-based approach may confuse these two concepts, leading to a situation where individuals’ rights are reduced or ignored for low-risk processing.

Posted in International/EU Privacy

European Regulators Raise the Bar on Anonymization Techniques

The Article 29 Working Party’s new opinion on anonymization techniques provides a useful primer on randomization and generalization (i.e., data aggregation) techniques used to anonymize data sets. The opinion analyzes each technique based on three ways that data can be re-identified: the ability to single out individuals after the anonymization technique has been applied; the linkability of the anonymized data sets to other data sets; and finally the ability of the data sets to resist inference attacks after application of the anonymization technique. Organizations depending on anonymization for compliance with the Data Protection Directive would be well advised to review their anonymization processes to determine if they comport with the standards set out in the opinion.

Posted in Consumer Privacy, International/EU Privacy

Article 29 Working Party Issues Guidance on Cookie Consent

On 14 October, the Article 29 Working Party of EU data protection commissioners published a Working Document providing guidance on obtaining consent for cookies, some eighteen months after the effective date of the so-called “cookie consent law” which required EU websites to obtain consent from Internet users before before placing cookies on their devices. The document analyses, to some extent, the practices more commonly used by website operators to obtain the required consent, and attempts to answer the question as to what measures would “be legally compliant for a website operating across all EU Member States.”

Posted in International/EU Privacy

Article 29 Working Party Issues Additional Guidance on BCRs for Data Processors

On April 19, the European Union’s Article 29 Working Party adopted Explanatory Document WP204 on processor Binding Corporate Rules (BCRs). Processor BCRs provide a new avenue for data controllers to transfer EU personal data to processors (such as cloud service providers) located in third countries not considered to ensure an adequate level of protection under the 1995 EU Data Protection Directive. The Article 29 Working Party, noting the success of controller BCRs and citing the “growing interest of industry in such a tool,” provided initial guidance on processor BCRs in June 2012 through Working Document WP195 (which we previously covered here). WP195 presented a “toolbox” that laid out the criteria for approval of processor BCRs, as well as explanatory notes on the content expected in the processor BCRs. As of January 1, 2013, the EU began accepting applications for approval of processor BCRs.

Posted in International/EU Privacy

Article 29 Working Party Gives New Guidance on the Principle of Purpose Limitation

The European Union’s Article 29 Data Protection Working Party (“WP29”), which consists of the 27 data protection authorities of the EU Member States, has published the “Opinion 03/2013 on purpose limitation” (Working Paper WP203), adopted on 2 April 2013 (the “Opinion”). The WP29 analyzes and interprets the elements of this principle, and gives numerous examples with […]