Category: Privacy and Data Protection

The extra-territorial aspect of the GDPR has been designed mimicking the criminal law approach enforced to punish crimes committed abroad by a national citizen. But while this approach works for criminal law, it doesn’t for civil (in the Continental meaning of the word) law that is strongly based on the jurisdiction (meant as “geographical limit to the power of a sovereign State) concept. Under this principle, a law can’t extend its reach outside the boundaries of the State that passed it. Continue reading “About GDPR and Extraterritoriality”

According to Il Sole24 Ore (the Italian financial daily newspaper), the Agenzia delle entrate (the public body entitled to the processing of Italian citizen’s tax information – about 20 billion, says the newspaper) has been shut down because of a bug allowing unrestricted access to those tax related information.

This is a clear infringement of the data protection by design and by default rule, as well as evidence that a poor security check has been done before opening the server to the Internet. But the Italian Data Protection Authority, instead of starting an investigation, just “asked for information”, a rather odd behaviour if compared to the attitude showed by the Authority toward the private sector.

I wonder if the DPA will use the very same light approach when a similar – and maybe less threatening – even should happen to some non public entity.

A couple of weeks ago the European Data Protection Supervisor ? released the call for application CA6/2017 to hire a data and social scientist Continue reading “The European Data Protection Supervisor on HowTo Give GDPR-related Information when Hiring”

Thanks to professor Raymond Wacks, possibly the world leading authority on privacy and privacy-related issues, I had the chance to read a more-than-500-pages-long privacy decision issued by the Indian Supreme Court last August 27. Definitely, a text that worth to be read. Continue reading “A landmark decision about privacy from Indian Supreme Court?”

A basic rule when designing a law is to create a precise link between the “order” part (thou shall not…) and the fine deriving from the non compliance (… otherwise shall go to jail.) But this is not enough, because to have a law working properly or being effective, it must be actually enforceable, otherwise this law would turn from a social regulation tool into an abuse of power from the State. Continue reading “The Basic Unfairness of the GDPR: a Regulation with No Teeth”