Matheson’s technology and IP law blog

ICO signals progress of General Data Protection Regulation

August 31st, 2015


The UK’s Deputy Information Commissioner David Smith has suggested that detail about the contents of the draft General Data Protection Regulation should emerge by December this year. Mr Smith, in his blog last week, stated that trilogue negotiations between the Council of the European Union, the European Parliament and the European Commission are progressing well and that all parties are working to find a workable compromise between their individual texts. According to Mr Smith, a planned timetable which runs until… Read more…

Irish Data Protection Commissioner’s Report 2014 highlights an increasing global approach to data protection

June 30th, 2015


The new Irish Data Protection Commissioner (‘DPC’) Helen Dixon has published her annual report for 2014. The following are some of the highlights which are grouped below under relevant themes: Importance of DPC’s role and independence In the introductory section the DPC informs us that Christopher Graham, the UK Information Commissioner, was a member of the interview board which appointed her as DPC. No doubt this was done to ensure that a truly objective and reasoned appointment was made for… Read more…

Irish Data Protection Commissioner comments on social media companies in light of Google Spain case

May 20th, 2015


Irish Data Protection Commissioner comments on social media companies in light of  the EU (CJEU) ruling in the Google Spain case.  The case involved a Spanish citizen’s request to be removed from Google’s search index. The CJEU considered the ‘establishment’ test under the 1995 Directive, which states that processing of personal data does not necessarily have to be carried out where the controller is established in order for the Directive to apply – it is sufficient for the processing to… Read more…

John O’Connor provides an update on Data Protection

April 30th, 2015


John O’Connor provides a timely update on recent Court of Justice of the EU rulings and the requirements for certain businesses regarding Data Protection (i) New Test for Establishment for Data Protection Compliance Purposes As a result of the recent Court of Justice of the EU (CJEU) ruling, many large US based technology, cloud and social media companies will be deemed to have an EU establishment if they have local sales and marketing subsidiaries operating in the EU. The European… Read more…

The Council of the European Union releases latest draft of General Data Protection Regulation

January 19th, 2015


The legislative process in respect of the proposed General Data Protection Regulation (the “Regulation”) is progressing with the Council of the European Union (the “Council”) releasing the latest version of the draft Regulation on 19 December 2014. Divergence continues to exist between the Council and the European Commission (the “Commission”) and between Member States on a number of issues. An important example of such is in the area of data minimisation. Article 5(c) in the Commission’s text would require personal data to… Read more…