On 6 October, the German Federal Cartel Office launched its new series of papers on “Competition and Consumer Protection in the Digital Economy.” The first paper deals with “Big Data and Competition.” The same day, a “real-life example” of competition enforcement in Big Data became public. The EU Commission confirmed unannounced inspections in “a few Member States” concerning online access to bank customer’s account data by competing service providers.
In Hong Kong, an individual’s right to make an Access Request is expressly conferred by section 18of the Personal Data (Privacy) Ordinance which enables individuals to ascertain whether data users hold any personal data relating to them, and if so, to obtain a copy of such data. Individuals also have the right to request the correction of any inaccuracies contained in such data. Data users are required under the Ordinance to notify individuals of such access/correction rights, on or before the first use of their personal data. As described in this blog entry, the Hong Kong Privacy Commissioner for Personal Data recently issued a guidance note titled “Proper Handling of Data Access Request and Charging of Data Access Request Fee by Data Users” to provide data users with guidance on how to comply with data access requests as well as how to calculate the fees to be charged in connection with such Access Requests.
Hogan Lovells has published a White Paper with the results of a study about governmental access to data in the cloud around the world. The White Paper debunks the frequently-expressed assumption that the United States is alone in permitting governmental access to data for law enforcement or national security reasons. The White Paper concludes that businesses are misleading themselves and their customers if they believe that restricting Cloud service providers to one jurisdiction better insulates data from governmental access. It is incorrect to assume that the United States government’s access to data in the Cloud is greater than that of other advanced economies. The White Paper examines the laws of the ten countries, including the United States, with respect to governmental authorities’ ability to access data stored in or transmitted through the Cloud, and documents the similarities and differences among the various legal regimes. The paper was written by Christopher Wolf, co-director of Hogan Lovells’ Privacy and Information Management practice, and Paris Office partner Winston Maxwell. It was released today at a program presented by the Openforum Academy in Brussels at which both Wolf and Maxwell spoke. This blog post links to a copy of the White Paper and summarizes its findings.