Implementation of Privacy by Design and Technical and Organizational Security Measures: The Data Masking Solution

The European Union is working on a revised set of rules for its data protection framework. The concept and principles of “privacy by design” has been incorporated in this draft. We will assess how data masking can be considered an effective data security measure and whether data masking fulfills privacy by design principles. Data masking is not encryption. It is a technique that provides for the replacement of real data with fictitious but realistic data in test environments.

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Article 29 Data Protection Working Party reports on implementation of Data Retention Directive

The Article 29 Data Protection Working Party has adopted on July 13, 2010 a report on the EU Data Retention Directive (2006/24/EC). This report is the Working Party’s contribution to the evaluation of the implementation of the Data Retention Directive by the European Commission, which is due by September 15, 2010. The report details the results of a joint inquiry made by the data protection authorities about the compliance, at the national level, with the obligations of telecom providers and Internet service providers with both the Data Retention Directive and articles 6 and 9 of the EU e-Privacy Directive (2002/58/EC).

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Canada May Soon Have a Data Breach Law

Canadian Industry Minister Tony Clement introduced a bill on May 25, the Safeguarding Canadian’s Personal Information Act (C-29), which would amend Canada’s national privacy legislation, the Personal Information and Electronic Documents Act of 1998 (“PIPEDA”). C-29 would introduce a security breach disclosure (also called “notification” in the United States) requirement in PIPEDA. Canada does not yet have such a law, contrary to the United States where the majority of states have enacted data breach notification statutes.

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