Navigating the privacy sea christian runte

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IFCLA - International Federation of Computer Law Associations

The document discusses navigating privacy law across borders in an increasingly digital world. It notes that privacy laws have become more fragmented with advanced technology, increased data storage, and high profile data breaches. Navigating multiple jurisdictions requires understanding local laws, managing local advisors, and preparing questionnaires to ensure consistent legal advice across borders. Overall navigating privacy will only become more challenging as data and technology continue converging.

Technology News & Politics

Navigating the Privacy Sea
Christian M. Runte, CMS Hasche Sigle

IFCLA – Helsinki, 10 June 2010

1. The Privacy Sea

2. How to Navigate it

2 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

3 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

4 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

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

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

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

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

Navigating it

9 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

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

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

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

Last page

13 Data Breach Laws | ICAF – Berlin, 25 February 2010

Openlaws.eu is funded by JUST/2013/ACTION GRANTS Grant Agreement Number 4562, led by the University of Amsterdam during the period March 2014-2016. The case study is of the European institutions' provision of free access to European Union law, in terms of cases, legislation, regulatory instruments and academic-expert analysis. The analysis explains how and whether the environment (institutions, policies and the legal community) is finally developing in which open access models such as openlaws.eu can take root and flourish. The key functionalities of the existing legal publishing system are summarized and described. This activity involves a review of the existing information systems and legal databases already in use and will produce a specification of the requirements of the system on the basis of the analysis of social, legal and market requirements. The case studies represent the key socio-economic and legal aspects of the services and illustrate the main functionalities, structure and operation of the proposed services. The findings are informed by key informant interviews and form a working assumption. The interviews are supported by the literature review, and the insights of workshops (including the LASPSI workshop on 3 September 2014). The breadth of stakeholders interviewed is broad and includes experts from: academia, Non-Departmental Public Bodies (NDPB), trading funds, private entrepreneurs, corporations, standards bodies, non-governmental organizations and government policy officials with both domestic and international responsibilities. Note that the case studies rely on a Soft Systems Methodology (SSM) framework in order to identify the key components of the problem and provide the key specifications for the system that is to be built, while the third activity will rely on a combination of desk research, in-depth interviews, and focus groups. Argument (598 words): We argue that the European legal informatics space is unique in seven respects compared to national case studies. 1. The decision to make access to documentation freely available at production and then no charge was made in the context of no developed market actors to challenge the decision to ‘super-nationalise’ the state provision of legal information and case law reportage. There was no precedent for a multilingual economic and political area such as this, with four original languages and a precedent setting ‘Supreme Court’. 2. The essential role of European law in creating the ‘acquis communitaire’ led to a political decision to make law as widely available as possible. The benefits in creating an essential knowledge of European law amongst a critical mass of advocates at national levels was considered so important from the 1950s onwards that there was no serious resistance beyond basic budgetary questions. As a result, it may be argued that European legal data is so open to reuse and access that it is the ‘exception that proves the rule’.

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Navigating the privacy sea christian runte

1. Navigating the Privacy Sea Christian M. Runte, CMS Hasche Sigle IFCLA – Helsinki, 10 June 2010

2. 1. The Privacy Sea 2. How to Navigate it 2 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

3. 3 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

4. 4 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

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. 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. 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. 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. Navigating it 9 Christian Runte | Navigating the Privacy Sea | IFCLA – Helsinki, 10 June 2010

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. 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. 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. Last page 13 Data Breach Laws | ICAF – Berlin, 25 February 2010

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