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The Data Protection Act 2018 (Section 36(2)) (Health Research)
Regulations 2018 (S.I. No. 314/2018) (the
Health
Research
Regulations ), which
contain stringent rules in relation to the collection, use and
sharing of personal data for health research purposes, have been
amended by the Minister for Health by way of the Data Protection
Act 2018 (Section 36(2)) (Health Research) (Amendment) Regulations
2021 (the
2021 Regulations ).
As discussed in a 2019 briefing on the Health Research
Regulations (available here) The
Department of Health had identified retrospective chart reviews,
pre-screening for the purpose of assessing eligibility/suitability
The Commission has published a draft for new standard clauses to ensure compliance with the GDPR in the light of the latest case-law of the European Court of Justice.
Friday, January 15, 2021
On January 15, 2020, the European Data Protection Board (“EDPB”) and European Data Protection Supervisor (“EDPS”) adopted joint opinions on the draft Standard Contractual Clauses (“SCCs”) released by the European Commission in November 2020, both for international transfers (“International SCCs”) and for controller-processor relationships within the EEA (“EEA Controller-Processor SCCs”).
Once finalized, the International SCCs will replace the existing sets of SCCs, which were drafted under the Data Protection Directive, for transfers of personal data from within the EEA to organizations in non-EEA countries that have not been recognized as providing an adequate level of data protection. In those cases, the EU General Data Protection Regulation (“GDPR”) requires that a transfer mechanism be implemented. In the wake of the invalidation of the Privacy Shield in the Court of Justice of the European Union’s (the “CJEU�
Thursday, January 14, 2021
On January 13, 2021, Advocate General (“AG”) Michal Bobek of the Court of Justice of the European Union (“CJEU”) issued his Opinion in the Case C-645/19 of Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority (“Belgian DPA”).
Background
The Belgian DPA initiated judicial proceedings against several members of the Facebook group before the Belgian Courts in September 2015. The Belgian DPA requested that the Court order Facebook to stop placing cookies on Internet users’ devices without their consent and stop collecting data in an allegedly excessive manner when they browse a web page in the Facebook.com domain or on third parties’ websites, including via Facebook social plug-ins and pixels. The proceedings, which are currently still in progress before the Court of Appeal of Brussels, were limited to Facebook Belgium BVBA after the Court of Appeal of Brussels previously establ