On November 13-15, 2012, delegates at the IAPP Europe Data Protection Congress in Brussels were given insight into how discussions with key policymakers are progressing. As European Parliament rapporteur and Member of the European Parliament Jan Philipp Albrecht aims to finalize the reform of the EU Data Protection Directive by the end of the current European Parliament’s mandate in 2014, this ambitious goal faces numerous hurdles ...
On November 20, 2012, the UK Information Commissioner’s Office (“ICO”) published “Anonymisation: Managing Data Protection Risk Code of Practice” (the “Code”). The purpose of the Code is to provide organizations with a framework for assessing the risks of anonymization ...
The rapid growth of the hospice industry has attracted the attention of Congress and federal and state healthcare regulatory and enforcement agencies. The Patient Protection and Affordable Care Act (the “ACA”), signed into law by President Obama on March 23, 2010, included several provisions aimed at hospice providers ...
Reporting from Washington, D.C., Hunton & Williams partner Frederick Eames writes: Elections have consequences. What are the consequences of the 2012 election on U.S. federal privacy, data security and breach notice legislation? We outline some key developments in the U.S. House of Representatives and Senate and explain how these developments might affect legislative priorities and prospects for the 113th Congress beginning in 2013.U.S. House of RepresentativesThree committees in the U ...
On November 7, 2012, the Federal Trade Commission announced that it had settled charges against payday lending and check cashing companies alleged to have improperly disposed of consumers’ personal information. In its complaint, the FTC maintained that PLS Financial Services, Inc ...
On October 26, 2012, three resolutions were adopted by the closed session of the 34th International Conference of Data Protection and Privacy Commissioners and have been published on the conference website. Below we provide an overview of these resolutions ...
The Federal Attorney-General has released a Discussion Paper seeking comment on whether to introduce laws to make notification of data breaches by government agencies and large private sector entities mandatory in Australia. The Government is calling for submissions by 23 November 2012, asking what the triggers should be and what penalties should apply for failure to comply ...
The General Medical Council has issued definitive guidance on doctors' duties when they fear a child in their care is suffering from abuse. The GMC's 2012 Guidance on Child Protection came into effect on 3 September 2012 after a two-year working group - chaired by a senior family court Judge, the Right Honourable Lord Justice Thorpe - listened to evidence given by child protection experts ...
On 15 October 2012, the Federal Government announced the appointment of an expert panel to review pharmaceutical patents in Australia (Review). The Review will focus particularly on the extension of term provisions in Chapter 6, Part 3 of the Patents Act 1990 (Cth). Those provisions currently allow the extension of pharmaceutical patents up to five years beyond their standard 20-year term ...
Currently a large part of politicians, economists and lawyers are working hard to ensure that a recent Lithuania’s bank bankruptcy story would not repeat itself. Sometimes people still associate the term “bank” with instability, possibility to lose something or lack of transparent governing. Maybe this is the reason why there are no biobanks in Lithuanian which are widespread in the EU and other countries of the world ...
We live in a society that is obsessed with appearance, and studies show that many people equate appearance to success. While employers may not be aware of these studies, some are trying to control appearance in the workplace by imposing weight restrictions on job applicants or employees as a condition of employment.Whether these policies are permissible can only be answered with a “maybe ...
Earlier this year, the Inquiry regarding Procurement Services published its opinion "The future for the Procurement Assistance". The Inquiry’s mission is to propose how procurement assistance should be coordinated in order to increase competence, availability, consistency and visibility for procurement market participants ...
On October 1, 2012, changes in Regulation (2003:770) on government authorities’ electronic information exchange enter into force. The changes involve an obligation for a number of government authorities to implement e-commerce, and from May 31, 2013 handle all of their orders for supplies and services electronically. In this article Kristian Pedersen and Ingrid Sandstedt present the new rules ...
While the European Commission’s extensive modernization of the state aid rules proceeds, Sweden will have to wait for a national legislation regarding the application of the European Union’s state aid rules since the legislative process has been delayed. As case law from the Swedish courts show, Swedish administrative courts have to assess state aid cases by applying the Swedish Act on Local Governance ...
To enable a broader and more effective market for re-use of information collected by public sector bodies the EU decided in 2003 to introduce a common set of minimum rules regulating these questions. The rules contain amongst other things a limitation of how high the fee charged for public sector information may be calculated ...
Effective July 1st, 2012, the new revised Swedish legislation on bribery entered into force. The last time this area was more thoroughly revised was in 1977. The previous regulation was criticized for being both inaccessible and outdated. In 2009, the Swedish Government therefore appointed an Inquiry to review the provisions then in force, aiming to create a more modern legislation better adapted to its purpose ...
On September 17, 2012, the Department of Health and Human Services (“HHS”) announced a $1.5 million settlement with the Massachusetts Eye and Ear Infirmary and Massachusetts Eye and Ear Associates Inc. (“MEEI”) for potential violations of the HIPAA Security Rule ...
The Supreme Court of Poland has held that recognition in Poland of French sauvegarde proceedings, which are covered by the EU’s Insolvency Regulation (1346/2000), is consistent with Polish public policy. The ruling was issued in cases involving a Polish company that sought protection against insolvency in France. The Supreme Court upheld the debtor’s argument that there was no basis for the lower courts in Poland to refuse torecognise the French proceedings ...
GOVERNMENT PUBLISHED PROPOSAL TO CHANGE THE INSOLVENCY REGIME Insolvency proceedings are currently governed by the Insolvency and Corporate Recovery Code approved by Decree-Law 53/04 of 18 March (referred to here by its Portuguese initials ‘CIRE’). From its entry into force to date, this legislation has been subject to five legislative amendments ...
On January 24, 2011 the Attorney General of the Federal Republic of Brazil signed a document restricting the powers of ANVISA (Brazil’s regulatorybody) in the examination of pharmaceutical applications, giving the rights to the Brazilian PTO to do so without any interference of ANVISA. The dispute between ANVISA and the Brazilian PTO in the examination of pharmaceutical applications had apparently been solved ...
On the 10 May 2012, the Swedish parliament enacted a permanent exemption to the Swedish Public Procurement Act (2007:1091) (“LOU”) for the direct award of contracts to affiliated companies.[1]Parliament also decided to enact an option for municipalities and county councils to delegate the competence to make decisions in relation to public procurement procedures to central purchasing bodies ...
Several of the players which regularly participate in public procurements are aware of the extended right to make an application to the court to have procurement cases reviewed. Almost a year has passed since the Supreme Administrative Court extended the right for suppliers to appeal in procurement cases to encompass a greater range of situations ...
