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The European Court of Justice (ECJ) is challenging national legislators in the European Union who introduced privacy laws stricter than those provided for by the European Data Protection Directive (95/46/EC). In a decision issued on November 24, 2011, the ECJ declared a provision in the Spanish Organic Law 15/1999 invalid because it imposes additional requirements for data processing not contained in the Directive.

The decision supports the plans of the European Commission to enhance harmonization of privacy laws in…

European Union Justice Commissioner Viviane Reding has confirmed that we can expect to see a draft of the eagerly awaited new Data Privacy Directive in January.

The new rules are likely to significantly strengthen the rights of individuals. According to a press release issued jointly last week by Reding and Germany’s Federal Minister for Consumer Protection, Isle Aigner, “consumers in Europe should see their data strongly protected, regardless of the EU country they live in and regardless of the country in…

In the run up to today’s deadline for EEA Member States to implement the EU’s revised Privacy and Electronic Communications Directive, including its new rules requiring consent to the use of cookies, the UK Department of Culture, Media and Sport (the DCMS) and the UK’s privacy regulator, the ICO, have released further guidance for businesses, both on the requirements of the new rules and how they are expected to be enforced.

In terms of the UK’s revised Privacy…

Last week we posted about the fast approaching May 26 deadline for member state implementation of the EU’s revised Privacy and Electronic Communications Directive concerning cookies on web sites. We noted the relative absence of final (if any) guidance from EU jurisdictions on the approach to be taken in their respective implementations.  On Monday, the UK’s privacy regulator, the Information Commissioner’s Office (commonly called the ICO), provided some official guidance. As expected, the official advice confirms the strict position set…

Thumbnail image for iStock_000005643842XSmall.jpgGoogle has consented to the entry of a proposed Agreement Containing Consent Order with the US Federal Trade Commission, subjecting the company to sweeping government oversight of its privacy disclosure and product development and release practices, nominally arising out of the roll-out of its Buzz product in February 2010. The auditing and reporting requirements are staggering in scope, breadth and duration, reaching Google’s entire business, not merely online communication products such as Gmail. One interpretation of the (rather amazing) document…

Thumbnail image for iStock_Lock.jpgThe First Chamber of the German Federal Supreme Court decided on the permissibility of outbound advertising calls on the basis of a so-called “double-opt-in” (judgement dated February 10, 2011 – I ZR 164/09 – Telefonaktion II). The full reasoning of the decision has not been published yet. But the press release already gives important clues as to the Court’s considerations.

A local healthcare insurance company had called consumers whose telephone numbers had been collected in the course of a lottery.