By Frederik Van Remoortel on Posted in Cybersecurity / Data Security,Data Breach,Privacy,Transnational DiscoveryOn June 15, 2015, Justice Ministers in the Council reached agreement on a general approach concerning the General Data Protection Regulation (GDPR). This allows the Council to start negotiations with the European Parliament (which formally adopted its compromise text for the GDPR in March 2014) with a view to reaching overall agreement on the GDPR.… Continue Reading
By Frederik Van Remoortel on Posted in Cybersecurity / Data Security,Data Breach,Privacy,Transnational DiscoveryThe European Commission introduced the draft General Data Protection Regulation (GDPR) in January 2012. The GDPR seeks to harmonize legislation across the EU member states, replacing the 1995 EU Directive and the varying national laws that have implemented this Directive. The European Parliament formally adopted its compromise text for the proposed GDPR back in March… Continue Reading
By Frederik Van Remoortel on Posted in Cybersecurity / Data Security,Privacy,Transnational DiscoveryThis morning, I went to a seminar organized by the Belgian Data Protection Authority during which the new “Belgian Cyber Security Guide” was introduced. The guide is an initiative from the ICC Belgium, the Federation of Enterprises in Belgium, B-CCentre (Belgian Cybercrime Centre of Excellence for Training, Research & Education), Isaca, E&Y and Microsoft, with… Continue Reading
By Crowell & Moring on Posted in Cloud Computing,Criminal Law,Government Agencies,Privacy,Transnational DiscoveryLast week, in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., a federal judge lifted the stay of execution of an order requiring Microsoft to turn over content stored on a Microsoft server located in Ireland. While this development is largely procedural, we have previously discussed the potential… Continue Reading
By Crowell & Moring on Posted in Cloud Computing,Criminal Law,Government Agencies,Privacy,Transnational DiscoveryA federal judge in the Southern District of New York upheld a magistrate judge’s decision that requires Microsoft to turn over to federal prosecutor customer email content stored in an overseas Microsoft data center. Ruling from the bench, Chief Judge Loretta Preska concluded that Microsoft must comply with a U.S. search warrant for customer emails,… Continue Reading
By Thomas De Meese and Karel Janssens on Posted in Transnational DiscoveryOn March 27, 2014, the EU Court of Justice (CJEU) ruled in the UPC Telekabel Wien-case that national courts may impose website blocking orders to internet access providers (IAPs) requiring them to prevent their subscribers from accessing a website containing copyright infringing material, without specifying the concrete blocking measures to be taken. The Court also… Continue Reading
By Cari Stinebower, Frederik Van Remoortel, Jonathan Kallmer, Josh Tzuker and Robin B. Campbell on Posted in Privacy,Transnational DiscoveryWith initial approval in the European Parliament civil liberties committee (the so-called LIBE Committee), the EU is moving ahead with overhauling its existing 15-year-old Data Protection Directive, replacing it with the General Data Protection Regulation (GDPR). The European Commission introduced the draft GDPR in January 2012 and seeks to harmonize regulations across the 28 member-states,… Continue Reading
By Frederik Van Remoortel on Posted in Cybersecurity / Data Security,Privacy,Transnational DiscoveryIn January 2012, the European Commission published its proposal for a general Regulation on data protection, which would apply directly in all EU Member States (see our newsletters from February 28, 2012, July 12, 2012, and January 22, 2013). The new Regulation should replace the current Directive 95/46/EC on the protection of individuals with regard… Continue Reading
By Stephen M. Byers on Posted in Criminal Law,Cybersecurity / Data Security,Privacy,Transnational DiscoveryFor more than a year, the United States and the European Union have been engaged in negotiations over a data protection framework covering trans-Atlantic law enforcement cooperation. Last week, U.S. Attorney General Eric Holder and EU Vice-President Viviane Reding met in Washington to discuss that and other topics. Both expressed optimism in a joint press… Continue Reading
By Elizabeth A. Figueira on Posted in Cloud Computing,Criminal Law,Government Agencies,Transnational DiscoveryIf you are alleged to have bribed government agents outside the United States or pirated music and movies protected by the Copyright Act, then you may find yourself sitting in a federal court in Richmond, Virginia. Why? Various government agency servers are located in that court’s jurisdiction and evidence of your criminal activities may have… Continue Reading
By Crowell & Moring on Posted in Rules,Social Media,Transnational DiscoveryEarlier this month, a U.S. District Court judge for the Southern District of New York (S.D.N.Y.) ruled that the Federal Trade Commission (FTC) could serve foreign defendants located in India through Facebook messages, as long as the defendants were also served by email. Judge Paul Engelmayer’s order appears to be the first in the U.S.… Continue Reading
By Crowell & Moring on Posted in Criminal Law,Government Agencies,Privacy,Transnational DiscoveryLast week, the 9th Circuit issued a “watershed” en banc decision in United States v. Cotterman, restoring – at least to some degree – digital privacy at US borders. In a controversial ruling causing a split with other Circuits, the 9th Circuit created limits on the government’s ability to search electronic devices at the border,… Continue Reading
By Frederik Van Remoortel on Posted in Cybersecurity / Data Security,Privacy,Transnational DiscoveryAs I have previously written, in January 2012 and July 2012, the EU Commission has proposed a comprehensive reform of existing EU data protection rules, including a draft for a new Data Protection Regulation. This proposal is the subject of the ordinary legislative procedure, which means it is under review by both the Council and… Continue Reading
