08 July 2006

Eversheds

http://www.eversheds.com

Data Protection - Update On Hot Topics!

Some interesting themes are coming out from the Privacy Law and Business Annual Conference in Cambridge this year.  Attended by representatives of several data protection authorities in Europe, including the current head of the Article 29 Working Party, they provided an interesting insight into a number of issues which are on the minds of those dealing with international data transfers.  Binding Corporate Rules is proving to be a hot topic here.  From being something which the data protection authorities only considered as a solution where model clause contracts and consent were not available there was a real shift to general recognition of the problems associated with these solutions and, indeed positive support for BCRs from the French, German and UK representatives.  Whilst their southern European counterparts on the working party may not be quite as enthusiastic, it was very clear that the tide is changing and they are more than willing to help companies through the BCR process.  More applications are being received, to the extent that they are having to streamline their processes to handle the workload - one representative being moved to suggest that now was a good time to make a submission whilst they still have time to be helpful, rather than simply assessors.

For those in the UK struggling with these issues you will be pleased to know that the ICO has finally re-issued its guidance on international transfers and this includes sections on BCRs and also the issues surrounding the use of subcontractors in international/offshore outsourcings.  This should be appearing on their website later this week.

Also hotly debated was the CNIL guidance on so called "whistleblower" hotlines.  Whilst the FAQs and Guidance issued is helpful there is still some difficulty being experienced by those operating these hotlines.  It was clear however from the comments of the head of the Article 29 Working Party that there was support for the CNILs position from within the wider Article 29 Working Party Group -in particular on anonymity - it therefore remains to be seen whether the rest of the DPAs will indeed follow the CNILs guidance.

We will of course keep you updated on these matters.

Paula Barrett
Partner
Eversheds LLP

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