Privacy & Information Security Law Blog

Speaking at the British Bankers’ Association’s Data Protection and Privacy Conference in London on June 20, 2011, Viviane Reding, Vice President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, signaled her intention to streamline data protection to “simplify the regulatory environment” and “substantially reduce the administrative burden” for businesses.  In return, Reding expects businesses to ensure “safe and transparent digital products and services.”

On June 20, 2011, Malaysia’s Bernama News Agency reported that the Malaysian Ministry of Information, Communication and Culture will establish a government department to facilitate the implementation of Malaysia’s new Personal Data Protection Act.  Malaysia passed the Personal Data Protection Act in 2010, but the law has yet to go into effect.  According to the report, enforcement of the Act is scheduled for early next year.

On June 14, 2011, the PCI Security Standards Council’s Virtualization Special Interest Group published its “Information Supplement: PCI DSS Virtualization Guidelines”(the “Guidelines”) to Version 2.0 of the PCI Data Security Standard (“PCI DSS”).  The Guidelines provide context for the application of the PCI DSS to cloud and other virtual environments, and offer at least three critical reminders:

• the PCI DSS applies to cloud environments without exception; 
• critical analysis of the application of the PCI DSS to rapidly evolving cloud offerings is essential to compliance; and
• cloud providers must be prepared to document and contract for necessary controls.

As reported in Hunton & Williams' Employment & Labor Perspectives blog, two unfair labor practice complaints recently issued by National Labor Relations Board regional offices in Buffalo and Chicago illustrate how closely the NLRB is scrutinizing employers’ termination decisions that are allegedly related to statements employees made on social media.  Read the full entry.

On June 15, 2011, European Data Protection Supervisor (“EDPS”) Peter Hustinx gave a press conference to present his annual report for 2010.  The annual report provides an overview of the EDPS’ main activities in 2010 and sets forth key priorities and challenges for the future.

In his speech, Hustinx focused primarily on the review of the EU data protection framework and the Data Retention Directive.  He referenced his recent Opinion in which he concluded that the Data Retention Directive does not meet general EU data protection requirements and that the European Commission should explore the possibility of replacing it with alternative measures such as data preservation through a “quick freeze” procedure.  Hustinx also stated his intention to keep a close eye on any developments with respect to RFID technology, cloud computing and online enforcement of intellectual property rights.

As reported yesterday, on June 16 and 17, 2011, the Hungarian Presidency of the Council of the European Union hosted a high-level international data protection conference in Budapest.  The following are some highlights from the second day’s events:

• During the “New principles in the field” panel, Professor Paul De Hert of the Vrije Universiteit Brussel gave an explanation of the case I v. Finland, which was decided by the European Court of Human Rights on July 17, 2008, and which both he and European Data Protection Supervisor Peter Hustinx agreed was a key document for the concept of accountability in European data protection law.  Endre Szabó of the Hungarian Ministry of Public Administration and Justice noted that the principle of accountability had not yet been fully accepted by all members of the European Council.

Two former employees of mobile phone provider T-Mobile have been ordered by a court in the United Kingdom to pay £73,700 (approximately $120,000) for the theft of T-Mobile customers’ personal data.  The Chester Crown Court ordered David Turley and Darren Hames to pay £45,000 and £28,700 respectively, under confiscation orders, along with prosecution costs.

On June 13, 2011, Representative Mary Bono Mack (R-CA) released a discussion draft of the Secure and Fortify Data Act (the “SAFE Data Act”), which is designed to “protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a security breach.”  Representative Bono Mack is Chairman of the House Subcommittee on Commerce, Manufacturing and Trade.  In a press release, Representative Bono Mack remarked that “E-commerce is a vital and growing part of our economy.  We should take steps to embrace and protect it – and that starts with robust cyber security.”  She added that “consumers have a right to know when their personal information has been compromised, and companies and other organizations have an overriding responsibility to promptly alert them.”

Hunton & Williams LLP is pleased to announce its 2011 rankings from Chambers and Partners and The Legal 500: United States.  The firm maintained its number one ranking in both surveys for its Privacy and Data Security practice.

For the last four years, the firm has held the “Band 1” ranking for Privacy and Data Security by both the Chambers USA and Chambers Global guides.  In its Chambers USA guide, Chambers and Partners recognized the firm’s privacy and data security practice for its “full spectrum of privacy issues including data security breaches, records and information management and legislation compliance.”  Hunton & Williams also received the highest honors for its client service and “commercial awareness.”  In addition, the practice was praised for its connections with regulatory agencies. Lisa J. Sotto, partner and head of the firm’s Privacy and Data Security practice, was ranked in “Band 1,” and was singled out for her “tremendous wealth of knowledge” and proactive nature in assisting clients.

On June 16, 2011, the Hungarian Presidency of the Council of the European Union hosted the first day of a high-level international data protection conference in Budapest.  The conference was attended by approximately 150 people, most of whom are representatives of EU governments, data protection authorities (“DPAs”), the European Commission, and other governmental groups such as the Council of Europe.