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This article takes a look at the relationship between privacy and intellectual property issues. Intellectual property is related to the control of data generated by an individual and is a creative work, while privacy is concerned with the control of non-creative data, which are generated by an individual. The article takes a look at regulations currently in effect, namely the US Digital Millennium Copyright Act (DMCA), and the EU’s Database Directive. [...]  This article takes a look at Binding Corporate Rules (BCRs), as outlined by the EU Directive 95/46/CE for all transfers of personal data protected under a European law. The article takes a look at official as well as unofficial definitions of BCRs, the elements that consist of a BCR and US and EU perspectives on the implementation of [...] This article takes a look at the legal roles of various parties, according to the Regulation (EC) 45/2010, namely: data subjects, data processors, data controllers, data protection officers and the European Data Protection Supervisor (EDPS). [...] This article takes a look at the European Commission’s Directive on Data Protection (95/46/EC), and the establishment of the adequacy requirement, which prevents Member States from transferring data to a third country, unless the third country ensures an adequate level of protection. The Directive also explores certain related concepts, including the Working Party and data/information embargoes. Finally, the article takes a look at the US data protection approach and its ability to meet the EC’s adequacy standard. [...] This article explores the EU e-Privacy Directive, with a focus on the “Cookie Law,” which was passed late 2009. The Directive has yet to be fully implemented in all EU member states and the amendment of the “Cookie Law” has created additional roadblocks to harmonization of legislation across Europe. Background: e-Privacy Directive Data retention has been an important issue for law enforcement agencies and privacy rights organizations alike. Governments have made efforts to require telecommunications service providers to record and retain information, such as telephone calls, emails, or other communications. This article examines the European Union Directive on Mandatory Retention of Communications Traffic Data, which was enacted in March 2006. The article goes on to look at criticisms of the Directive as well as recent efforts calling for the repeal of this Directive. Background: The 2006 EU Data Retention Directive The EU-US Safe Harbor framework was developed to facilitate the cross-border transmission of information, as well as ensure high standards of privacy protection. This article explores the implementation of these principles in context of the Children’s Advertising Review Unit (CARU) Safe Harbor [...] The Safe Harbor framework deals with privacy protection around the transfer of personal data between organizations in European Union (EU) member states to organizations located in the United States. This article explores the purposes and requirements of the Safe Harbor framework. It also provides information for US-based organizations who may participate in the Safe Harbor framework. What is Safe Harbor? Information Privacy is an International concern. Today, most countries have laws protecting personal data from misuse and destruction. Regulation and enforcement of data protection varies from country to country. However, despite such differences, almost every country uses the same basic privacy concepts and principles– notice, access, consent, data integrity, disclosure and accountability– to develop data protection [...] Safe Harbor is an advantageous agreement between the United States and the European Union that governs the protection of data during transfer from the E.U. to the U.S. American companies wishing to do business with companies in the E.U. may receive certification, stating they have implemented data protection principles that are similar and equal to those of the E.U. Data Protection Directive, and are then allowed unrestricted data transfers with entities in the E.U. Recently, the FTC– the U.S. body governing enforcement of Safe Harbor– has begun to crack down on U.S. companies claiming Safe Harbor compliance, but failing to implement the required protection standards. Multi-national companies must now take a strong look at their privacy policies and notices to ensure they are Safe Harbor compliant and avoid Federal [...] | ||||
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