Data & It Law Week, vol. 18: Smartphones and data protection, independence of data protection officer or legitimate interests interpretation

Overview of data & it law articles in last 7 days

Smartphones and personal data protection

An editorial in NY Times deals with the impact of smartphones on data protection. data & it law had also dealt with this topic, for example in an article about the anonymization of data in mobile devices.

NY Times article focuses on the situation in US and the relationship between smartphones and Fourth Amendment. The article deals with the rights of the state officials to collect data. The article might be surprising for someone.

Data protection officer independence

Kim Lane Scheppele talks about an ECJ case against Hungary. The Court of Justice of European union argued that Hungary had violated the independence of its data protection officer.

Data protection officer is an important institute in the data protection law. The author argues, that even though the Court had voted in favor of the Commission in this case, the whole battle about Hungary might be lost.

Legitimate interests for data processing

The Article 29 Working Party had clarified its interpretation of the term “legitimate interests” for data processing in its opinion. In particular, it focuses on the balancing test required.

Accordingly, insideprivacy article describes policy recommendations by Article 29 Working Party:

1. “In the interest of legal certainty, consider a non-exhaustive list of key factors when applying the balancing test be included as a recital in the Regulation
2. Add a recital to the Regulation to require data controllers to document their assessment so as to demonstrate in practice their enhanced accountability obligation.
3. Finally, include a provision in the Regulation requiring data controllers to explain to individuals why they consider their interests would not be overridden by data subjects’ interests and fundamental rights.”