The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Sunday, December 07, 2008

Intel, Google Asked to Help Revise EU Data Protection Laws 

This is interesting ...

Intel, Google Asked to Help Revise EU Data Protection Laws (PC World) by PC World: Yahoo! Tech

Intel, Google Asked to Help Revise EU Data Protection Laws (PC World)

Posted on Fri Dec 5, 2008 6:55PM EST

- The European Commission has set up an advisory panel including executives from Google and Intel to help it revise European Union laws on data protection.

"The aim of the group is to identify issues and challenges raised by new technologies. We are not reviewing the main data protection laws at present, but this could be a first step," said European Commission spokesman Michele Cercone.

He added that the executives were chosen in a private capacity, rather than as representatives of their companies.

Peter Fleischer, Google global privacy counsel, along with David Hoffman, Intel's group counsel for eBusiness and privacy will sit alongside data protection lawyers and regulators on the panel, which held its inaugural meeting Thursday.

"I am delighted to have been asked," Fleischer told journalists.

Many aspects of the existing E.U. legislation have been made obsolete by advances in technology, Fleischer said, referring to the E.U.'s cornerstone law, the 1995 data protection directive.

He will urge the Commission to adopt a system where companies only have to deal with one national data protection authority, instead of having to meet the demands of all 27, as they do at present.

"There is a need for harmonization of data protection enforcement in Europe," he said, adding that a system of mutual recognition among national authorities will go a long way in achieving that aim.

He also will try to persuade the Commission to move away from a location-based approach. "It worked when data was stored on paper, but with the Internet that concept is obsolete because data travels around the world and is commonly stored in many different locations at once. There is a strong need for data protection laws to take the new technology into consideration," Fleischer said.

He pointed to Canada's approach, which is not location-based, but calls on data controllers, such as companies, to be responsible for data safety.

Finally, he wants data protection laws to apply to public institutions as well as to private companies, pointing out that some of the most serious threats' to potential threats to people's data and their privacy are posed by governments, not corporations. The 1995 law only applies to the private sector.

Privacy campaign groups are critical of Google's own approach to privacy. However, none were available to comment.

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