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Article
European Union Data Privacy Law Developments
The Business Lawyer (2014)
  • W. Gregory Voss, Toulouse Business School
Abstract

This article explores recent developments in European Union data privacy and data protection law, through an analysis of European Union advisory guidance, independent administrative agency enforcement action, case law, and legislative reform in the areas of digital technologies, the internet, telecommunications and personal data. In the first case, Article 29 Working Party guidance on anonymization techniques – so important in the field of big data – is discussed and distinguished from pseudonymization. Next, Google privacy policy enforcement action by various EU Member State data protection agencies (inter alia, France, Germany, Italy, the Netherlands and Spain) is chronicled, with lessons being drawn for businesses regarding privacy policies and data protection compliance generally. Thirdly, European Union Court of Justice joined cases Digital Rights Ir. Ltd. V. Minister for Comm. Marine & Natural Res., invalidating the EU Data Retention Directive, which was applicable to providers of publicly available electronic communications services and public communications networks, such as ISPs and telecom operators, is analyzed and the WP29 reaction to the decision is discussed. The Data Retention Directive decision and recent legislative action on the proposed EU General Data Protection Regulation (GDPR) highlight the importance in Europe of the protection of individuals’ fundamental rights to privacy and freedom of expression in the internet and telecommunications context. Finally, this article discusses recent developments regarding the GDPR, while the revelations of U.S. NSA mass surveillance programs continued to preoccupy European lawmakers.

Keywords
  • Data privacy,
  • data protection,
  • European Union law,
  • legislative reform,
  • anonymization,
  • privacy policy,
  • privacy policies,
  • Google,
  • Data Retention Directive,
  • fundamental rights,
  • privacy,
  • freedom of expression,
  • general data protection regulation
Publication Date
Winter 2014
Citation Information
W. Gregory Voss. "European Union Data Privacy Law Developments" The Business Lawyer Vol. 70 Iss. 1 (2014)
Available at: http://works.bepress.com/gregory_voss/2/