Navigating the privacy sea christian runte

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Navigating the privacy sea christian runte

  1. 1. Navigating the Privacy Sea Christian M. Runte, CMS Hasche Sigle IFCLA – Helsinki, 10 June 2010
  2. 2. 1. The Privacy Sea 2. How to Navigate it 2 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  3. 3. 3 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  4. 4. 4 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  5. 5. Why the Sea Got Rough Advanced technology (internet, increased storage capability), and increased relevance of data processing Online transactions rapidly replacing "anonymous" real transactions; online transactions require identification and thus personal data Changes in legislation (data breach notification etc.) Aftermath of 9/11, online surveillance Media coverage of data breaches and other privacy issues in the public sector (UK CD-ROMs, German tax data) and in the private sector (Facebook, Google, in Germany: Lidl, Deutsche Telekom etc.) 5 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  6. 6. How Fragmented is Privacy Law? EU level One general directive (95/46/EC) but numerous other regulations, directives and decisions which also contain data protection provisions Some better known: 2002/58/EC etc. Some more hidden: Regulation 80/2009 etc. Consultation process for new general directive 95/46/EC "Harmonized diversity" Implementation in member states differs, sometimes significantly Differences in processes, formalities and bureaucracy No single authority for the EU or even within some member states 6 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  7. 7. Regulatory Authorities Dealing with Data Protection Aspects: Germany Federal Level: 1 (+1) Länder Level: 25 1 Further Authorities for Churches, 1 Public Broadcasting, Public 1 1 Healthcare etc. 3 1 1 2 Art. 28 [1] Directive 95/46/EC: 1 2 3 1 "authorities shall act with complete independence in exercising the 1 2 2 functions…" 2 ECJ, 9 March 2010: Germany system in violation of Art. 28 [1] 7 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  8. 8. Everything Converging in the Cloud? "Everything is content" Convergence of technology and media delivery Convergence of substantial law? Possible but likely to be very slow Overhaul of General Directive 95/46 (e.g. data breach) Geographical convergence? Which jurisdiction applies? More jurisdictions will apply Technical innovations (in particular cloud computing) will make it more complicated to be compliant in all relevant jurisdictions 8 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  9. 9. Navigating it 9 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  10. 10. Challenges More cases will require advice for more than one jurisdiction Knowledge of the local law Contact to relevant authorities The challenge is the number of countries and authorities involved and the number of local advisor you may need Cost Consistent advice Requires management of the client and local advisors 10 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  11. 11. A Possible Approach Prepare your (local) memo first Managing multiple jurisdictions Do some local reconnaissance • General ressources • Websites • Online Materials Prepare questionnaire • Clearly defined questions • Provide your local answers as well Budget, no quote Direct contact between client and local counsel 11 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  12. 12. Après Nous le Déluge Public perception of data protection and privacy will not vanish, media will drive the process Overhaul of Directive 95/46, consultation process More convergence? It's not a breach, it's a service 12 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010
  13. 13. Last page 13 Data Breach Laws | ICAF – Berlin, 25 February 2010

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