News Items
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Cayman Islands Data Protection Bill Put Off
28 March 2013 - Sweeping proposals contained in the Cayman Islands Data Protection Bill, 2011, will be left for the next government to deal with following the dissolution of the previous Legislative Assembly on Tuesday. It looks as though the government will need the extra time to work out some serious issues in the proposal, if a recent evaluation done by the Human Rights Commission is any indication.
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Peru issues rules on database data processing requirements
22 March 2013 - Peru issued regulations implementing its Personal Data Protection Law (Law No. 29733), which was enacted in July 2011. The Regulations establish rules on a variety of topics including consent, data transfers, security measures and sanctions.
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Privacy commisioner pushes for review of Canada's personal information protection act
13 February 2013 - Privacy Commissioner Jennifer Stoddart is pushing for a review of the Personal Information Protection and Electronic Documents Act (PIPEDA), noting that the law requires review every five years and the last was scheduled in 2006. Financial Post reports that Stoddart would like to see changes including the way PIPEDA treats personal information in relation to corporate responsibility; better transparency when data is used by law enforcement and government; clarifying PIPEDA’s use of “lawful authority,” and the addition of mandatory breach notification. “PIPEDA’s soft approach...is, I believe, only partly effective against the quasi-monopoly of these multinational corporate giants,” Stoddart said.
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China Holiday Closing Announcement
4 February 2013 - The Chinese new year, celebrated as the Spring Festival will be observed this year from February 9th through February 15th, with most businesses in China being closed for the week. Keep in mind that time service may be delayed through this holiday period and that time service should return to normal sometime after February 15th. There are also some other countries celebrating all or parts of the Spring Festival, such as Hong Kong, Macau, Malaysia, Brunei and Singapore (which are celebrating the 10th-12th); Taiwan and Vietnam (which are celebrating the 9th-12th) and Indonesia (which is celebrating the Chinese New Year, February 10th only.) Keep in mind that time service will be delayed in these countries as well but should return to normal shortly after February 12th. GIS constantly monitors events around the world to better serve our clients and if you have any questions, feel free to contact us.
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New German Act on Employee Data Privacy Likely
15 January 2013 - Companies with employees in Germany should pay attention to data privacy legislation that is likely to affect their operations this year. That is because the German government's ruling coalition has unexpectedly announced that it intends to soon pass employee data protection legislation.
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Singapore: Commission set up to administer now effective privacy law
11 January 2013 - The Ministry of Communications and Information (MCI) set up - on 2 January 2013 - the Personal Data Protection Commission (PDPC) and a Data Protection Committee to administer and advise respectively on the Personal Data Protection Act (PDPA), which became effective on the same day.
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U.S. Tech Firms Facing Stronger European Data Protection Measures
8 January 2013 - Tuesday morning, Jan Philipp Albrecht, a representative of the European Parliament reviewing a draft regulation, made public a report in which he proposed even stronger measures.
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Canada: Privacy Commissioner to Review Centralized ID Cards
7 January 2013 - British Columbia is introducing a high-tech identification card for everyone from infants to the elderly to replace the old CareCard health system, and add driver's licences and other government services. The government says the idea fixes an antiquated system, but privacy critics have their doubts.
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Colombia: Constitutional Court approves majority provisions of Law on Personal Data
25 October 2012 - Colombia's Constitutional Court approved - on 7 October 2012 - majority provisions of the Law on Protection of Personal Data (the Statutory Act No 1581), which establishes general provisions for the protection of personal data.
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Eid ul Adha
25 October 2012 - In observance of the Eid ul Adha holidays, many businesses and government offices Mid Eastern, Asian, and other regions around the world will be closed from Friday, October 26 through Monday, October 29. Please take this into consideration with your reports, as our time service will be affected. GIS will operate under normal business hours during this period, and will complete requested reports as requested services become available in these areas.
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Singapore: New privacy law to impose greater obligations on private entities
15 October 2012 - The Singapore Parliament has passed the Personal Data Protection (PDP) Bill, creating the country's first omnibus privacy regime that will operate alongside existing sector-specific data protection frameworks. The PDP Bill is expected to be enacted by signature of the President between January and February 2013.
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Upcoming China Holidays in October
21 September 2012 - China will begin celebrating the mid-autumn festival and China National Day on Sunday September 30th and the holidays will continue through Sunday October 7th. Most businesses in China will be closed the entire week and as such our time service on China searches and verifications will be delayed. GIS will continue to process all cases as normal, however please keep in mind that time service may be longer than normal due to the holidays in China.
Sunday, September 30 is the start of the mid-autumn festival in China and Monday October 1st will also be a holiday in Taiwan and Hong Kong, although neither of these countries/territories have any other official holidays this week and should resume a normal business schedule on Tuesday October 2nd. GIS will keep our clients and partners updated with the latest information as it becomes available. -
Cayman Islands Draft Data Protection Bill aims to meet international standards
14 September 2012 - The Data Protection Working Group (DPGW) of the Cayman Islands launched - on 2 September 2012 - a two month consultation on the draft Data Protection Bill 2012 (the Bill), which has been put together with the aim of achieving European Commission (EC) recognition of the Cayman Islands' data protection regime as adequate.
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Uruguay receives adequacy recognition from EU Commission
The EU Commission recognised Uruguay's legal framework as providing 'adequate protection' for personal data under the EU Data Protection Directive 95/46/EC, in a decision issued on 23 August 2012 - almost two years after the EU Article 29 Working Party delivered a favourable Opinion (6/2010) on the country's data protection regime.
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Indian IT's HR headache: 1 in 5 CVs fake
BANGALORE/NEW DELHI: Last month, R Nandan, a 33-year-old employee of IBM, was discovered to have used his wife's academic credentials to get his Rs 24-lakh-a-year job, putting the spotlight on rampant resume fraud faced by India's $100-billion information technology services sector.
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Court Delays in Italy
23 August 2012 - Due to recent holidays and budget cuts by the Italian government to the Ministry of Justice, the court in Rome has been closed since August 10th and no prior notice was given. The court is working with a skeleton crew and is unlikely to return any records or certificates prior to September 7th at which time records should be able to once again be able to be obtained from court personnel. Should GIS be advised of any additional delays, we will issue updates as necessary. GIS will continue to monitor the situation and advise our clients and partners as conditions warrant.
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Philippines' Data Privacy Act signed into law
23 August 2012 - President Benigno Aquino III has signed into law the Data Privacy Act of 2012, which aims to ensure the security and integrity of personal data towards attracting investors to the country's Information Technology and Business Process Outsourcing (IT-BPO) industries.
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Acting U.S. Commerce Secretary Rebecca Blank Announces U.S. Participation in APEC's Cross Border Privacy Rules System
26 July 2012 - Acting U.S. Commerce Secretary Rebecca Blank today announced the United States' participation in the Asia-Pacific Economic Cooperation's (APEC) Cross Border Privacy Rules (CBPR) system. This voluntary system promotes a baseline set of data privacy practices for companies doing business in participating APEC economies.
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Hong Kong Personal Data (Privacy) Ordinance Amendment Prompts Reviews of Data Protection Policies and Practices
11 July 2012 - The Hong Kong Personal Data (Privacy) Amendment Ordinance was passed on 27 June 2012. This ends a nearly three year process initially spurred by the need to bring the existing legislation in line with technological and other advancements that occurred since it was enacted in 1996.
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GIS International Compliance Update: Updated Information on France Credit Searches
11 July 2012 - Recent changes in policy in France have restricted access for obtaining credit reports, specifically with regard to persons presently residing in France. France's government agency for data protectio, the CNIL, recently issued a ruling stating that it was not permissible to use credit or other negative financial information on persons residing in France due to it being in violation of French law.
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France: CNIL: right to data protection should be Constitutional right
10 July 2012 - The Commission Nationale de l'Informatique et des Libertes (CNIL) published its 2011 Annual Report accompanied by a statement of its goals in 2012/13, in which it states that the protection of personal data should be included in the French Constitution.
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Canada: Accountability guide 'takes data protection from policy to practice'
The Canadian Federal, British Columbia and Alberta Privacy Commissioners released - on 17 April 2012 - accountability guidance for the private sector entitled 'Getting Accountability Right with a Privacy Management Program'
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Australia Privacy Act changes finally introduced to parliament
Reforms to the Privacy Act 1988 have finally been introduced to parliament, six years after the Australian Law Reform Commission (ALRC) began its inquiry. The reforms are part of the government's first stage response to the ALRC inquiry, which began in 2006.
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India Looking For EU 'Data Secure Status'
The Indian government is asking that the European Union lift restrictions on the flow of outsourcing business to India by designating it as a data secure country. India is not currently included in the list of countries considered data secure by the EU, thus preventing the flow of sensitive data (such as patient information for telemedicine) to India under EU data protection laws.
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EU-U.S. Joint Statement on Data Protection by European Commission Vice-President Viviane Reding and U.S. Secretary of Commerce John Bryson
The United States and the European Union clearly share a commitment to promoting the rights of individuals to have their personal data protected and to facilitating interoperability of our commercial data privacy regimes.
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Spanish Supreme Court Annuls Limitation on Processing of Personal Data
Following the advice of the Court of Justice of the European Union in its November 2011 ruling, the Spanish Supreme Court struck down certain provisions of Spain's data protection law that it said went beyond the requirements of the EU Data Protection Directive (95/46/EC), in a ruling made public February 13, 2012.
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Lax data privacy laws hurt Australia
Australia may be setting a bad example and limiting its options when it comes to providing offshore services due to a lack of strong data protection laws, according to the Council of Europe head of data protection and cybercrime division Alexander Seger.
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South Africa data bill offers companies opportunities
MANY companies will need at least three years to fully comply with the Protection of Personal Information Bill once it becomes law. But the time allowed to become compliant is only one year. The purpose of the legislation is to safeguard personal information by regulating the manner in which it may be processed, retained and destroyed. It is a replica of the European Union's (EU's) data protection directive. The bill is set to come into force within a couple of months.
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Cayman Islands working toward data protection framework
The government of the Cayman Islands is currently reviewing draft legislation that, if passed, would institute a robust data protection framework. The draft legislation comes four years after the Cayman Islands enacted the Freedom of Information (FOI) Law and will soon be available for public comment.
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Europe proposes global data protection laws
The Council of Europe has proposed a revised convention on data protection, which the majority of European countries will be obliged to follow. We interviewed Sophie Kwasny, secretary to the Consultative Committee of the Council of Europe data protection convention, about the proposals, the difficulties faced,, and the potential impact on national sovereignty.
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Canadian bill introduces mandatory data breach notification
Canada's Parliament is currently discussing a Bill that would require organisations to notify the Privacy Commissioner of data breaches that involve "material breach of security safeguards involving personal information under its control."
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Database To Collect 1.2 Billion Identities
The New York Times reports on India's creation of the world's largest biometric database. Aadhaar, as the project is called, is collecting the biometric data of India's 1.2 billion citizens. In addition to iris and fingerprint scanning, Aadhaar is collecting individuals' names, birth dates, gender and addresses.
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PRIVACY in the EU & U.S. - Should the U.S. Follow Europe's Lead?
As Congress debates numerous privacy bills, don't assume that the tougher protections afforded by EU law are the right model for the U.S.
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Sex offenders website in Ontario: public protection or tool for vigilantes?
Ontario could be the first province in Canada to create a website listing the names and addresses of its registered sex offenders - a controversial proposal that's sparking a larger debate about whether it's an effective tool to stop crime.
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Privacy czar to probe use of police database
Information and Privacy Commissioner Elizabeth Denham announced that her office will examine the issue of employers using the PRIME-BC police database to perform background checks on job applicants.
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German employers set for new Facebook snooping law
A new law banning companies from using social networking sites like Facebook to vet potential new employees is being mulled over by the German Government.
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Prehiring Credit Checks Restricted in Alberta, Canada
Employers are often tasked with creating systems to reduce employee theft or fraud. Such systems can include many things including credit checks on potential employees.
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Curriculum Vitae fraud must be detected
The high unemployment rate is influencing the proliferation of CV fraud. This has led to a growing industry of fraud detection and reference checking, in South Africa and internationally.
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Firms in India Seek Better Background-Check System
India’s technology firms are creating a centralized employee information depository, with employment, education and even credit histories, for conducting employee background checks. The issue of background checks for Indian technology job candidates arose this month after 12 people were arrested …
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Financial firms are joining forces to mitigate security, privacy risks
Some of the largest financial services firms in the country are banding together to develop a set of best practices for moving their real-time IT processes offshore.
