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Category Archives: EU Data Protection

Fate of WHOIS search tools in conflict with new EU data protection regulation

Motherboard: “In May, the European Union’s General Data Protection Regulation (GDPR) will officially go into effect. The GDPR is ostensibly a law to protect the privacy of European citizens when it comes to how internet megacorporations like Google and Facebook handle their data. But the privacy regulations also come with some secondary effects whose influence extends far beyond the borders of the EU and ironically may actually serve to undermine the security of internet users, rather than protect them. Case in point is the fate of WHOIS, a protocol for looking up the names and contact information for people who have registered a website domain name that dates back to the 80s.There are a number of free WHOIS search tools on the internet, and unless the owner of that website has opted to mask their information, anyone can look up the name, address, email and phone number of the registrant. There are also more sophisticated WHOIS tools that operate for a fee. This protocol is an invaluable resource for security researchers, journalists, and law enforcement officers who use it to track the dissemination of information or malware on the internet. On the other hand, it has historically been treated like a goldmine for spammers and hackers, who are able to scrape the information from WHOIS databases to push junk, dox, or otherwise target registered users. This has led to a proliferation of WHOIS masking services, often provided by domain registrars themselves for a small fee…”

Council of the European Union: latest text of the proposed e-Privacy Regulation

Via Statewatch: “While covering a complex subject matter, this proposal is one that the Presidency recognises as important for the completion of the Digital Single Market and is therefore committed to put considerable efforts towards seeking compromise solutions in order to strike the delicate balance between an adequate level of privacy protection and sufficient incentives… Continue Reading

Online Publication of Court Decisions in Europe

Opijnen, Marc van and Peruginelli, Ginevra and Kefali, Eleni and Palmirani, Monica, Online Publication of Court Decisions in Europe (October 16, 2017). Legal Information Management, 17 (2017), pp. 136–145; doi:10.1017/S1472669617000299. Available at SSRN: https://ssrn.com/abstract=3088448 – “Although nowadays most courts publish decisions on the internet, substantial differences exist between European countries regarding such publication. These differences not… Continue Reading

EU General Data Protection Regulation (GDPR) Portal

“The EU General Data Protection Regulation (GDPR) is the most important change in data privacy regulation in 20 years – we’re here to make sure you’re prepared​. This website is a resource to educate the public about the main elements of the General Data Protection Regulation (GDPR) After four years of preparation and debate the GDPR… Continue Reading

The Billion-Dollar Loophole

The Billion-Dollar Loophole The most generous charitable deduction in the federal tax code is being manipulated to make big profits — and there’s no sign that Congress has any intention of fixing the problem. Article by ProPublica and Fortune. “The idea seems like the perfect marriage of environmentalism and capitalism: Landowners give up their right… Continue Reading

Normative Challenges of Identification in the Internet of Things: Privacy, Profiling, Discrimination, and the GDPR

Wachter, Sandra, Normative Challenges of Identification in the Internet of Things: Privacy, Profiling, Discrimination, and the GDPR (December 6, 2017). Available at SSRN: https://ssrn.com/abstract=3083554 “In the Internet of Things (IoT), identification and access control technologies provide essential infrastructure to link data between a user’s devices with unique identities, and provide seamless and linked up services.… Continue Reading

Under EU General Data Protection Regulation large fines result from failure to protect consumer data

eSecurity Planet: “The massive Equifax breach that recently affected 143 million consumers would have led to hugely significant fines if the European Union’s General Data Protection Regulation (GDPR), which takes effect in May 2018, had already been in place. Under the new rules, organizations that fail to protect sensitive data can be fined up to… Continue Reading

Paper – Compensation for Breach of the General Data Protection Regulation

O’Dell, Eoin, Compensation for Breach of the General Data Protection Regulation (June 25, 2017). Available at SSRN: https://ssrn.com/abstract=2992351 “Article 82(1) of the General Data Protection Regulation (GDPR) provides that any “person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from… Continue Reading

European Data Protection Supervisor – New Website

“Our website has undergone quite a makeover! With new features and drop down menus, we present you our new look website to share information about who we are and what we do. Read how the EDPS is organised under the About EDPS section; for detailed information on our data protection work, Ethics, IPEN, Big Data… Continue Reading

The Right Tools: Europe’s Intermediary Liability Laws and 2016 General Data Protection Regulation

Keller, Daphne, The Right Tools: Europe’s Intermediary Liability Laws and the 2016 General Data Protection Regulation (February 8, 2017). Available for download at SSRN: https://ssrn.com/abstract=2914684 “The so-called “Right to Be Forgotten” established by the Court of Justice of the European Union in 2014 is about to change. The EU’s General Data Protection Regulation, which goes… Continue Reading

ABA Journal – Erasing the News: Should some stories be forgotten?

Erasing the News: Should some stories be forgotten? By Terry Carter – this is an extensive and well researched article. I have snipped a small portion to invite you to read it in its entirety online. Note – This article originally appeared in the January 2017 issue of the ABA Journal with this headline: “Erasing… Continue Reading

PersonalData.IO helps you get access to your personal data

“PersonalData.IO is a free and open platform for citizens to track their personal data and understand how it is used by companies. It is part of the MyData movement, promoting a human-centric approach to personal data management. A lot of readers of this blog will be familiar with Freedom of Information laws, a legal mechanism… Continue Reading