Privacy Laws & Business 12th Annual International Conference New Data Protection Law: Issues, Solutions, Action St. John's College, Cambridge, United Kingdom, 28th - 30th June, 1999 Programme Day 1 - Monday, June 28th, 1999 Time 10.00 11.00 11:15 Speaker Title of Session Registration in the Fisher Building (till 18.00) Coffee Chairman's introduction to the conference Stewart Dresner, Director, Privacy Laws & Business themes 11:30 Multinational Consumer Privacy Survey: US, Dr. Alan Westin, Editor, Privacy & American Business UK, and Germany compared 12:00 UK Data Protection Act 1998: Starting point - Rosemary Jay, Legal Adviser, Office of the Data Protection Individuals' rights, the new Human Rights Registrar (ODPR) UK context and the impact on enforcement action 12:45 Lunch in the Hall Parallel Sessions 14.00 UK Basic Training Negotiating European Sectoral Codes Chair: Michael Heavey, Director, IRMS (PL&B How to prepare a European Sectoral Code that conforms with the European Union's Data Protection Directive: the Associate, Scotland) The UK's new Data Protection Act for beginners and experience of the direct marketing and the airline recently appointed data protection staff industries A Compliance Officer, Office of the Data Protection Peter Hustinx, Chairman, European Union's Article 29 Registrar, UK Working Party, President Regstratiekamer, The Netherlands (This session will be repeated at 09:45 on Wednesday Art. 27 - Rules of procedure the 30th of June) Admissibility of draft codes 15:00 Training Videos Conformity with national law Produced by Television Education Network Requirement of "added value" Alastair Tempest, Director-General, Federation of European Direct Marketing, Brussels Council of Europe's 1984 Recommendation on Data Protection and Direct Marketing Experience of codes of conduct at national level Importance of clear guidelines for direct marketing at the European level Monique de Smet, Assistant Director, Government & Industry Affairs, Europe, International Air Transport Association, Brussels (invited) Human Resources Data 16:00 The case for the adequacy of data protection Dr Donald Harris, HR Privacy Solutions, New York provisions for Human Resources data in the Chair: Bojana Bellamy, Principal Consultant, Privacy Laws & USA Business David Smith, Assistant Registrar and Head, Private Sector 16:20 Impact of the new Data Protection Act for Human Resources Management: Developing Compliance, ODPR, UK the UK Data Protection Registrar's new HR Code of Practice Why a Human Resources Code? 17:00 17:45 18.00 18.45 19.30 Practical advice or legal analysis? Identifying the key issues Consulting Data Controllers and Data Subjects. Opt-ins and Opt-outs The role and changing legal status of opt-ins Rosemary Jay, Legal Adviser, Office of the Data Protection and opt-outs. Comparing them in print and by Registrar (ODPR) UK telephone. How best to achieve the balance Alastair Tempest, Director-General, Federation of European between meeting the requirements of the new Direct Marketing, Brussels law and keeping wording to a minimum Bojana Bellamy, Consultant, Privacy Laws & Business (Please send in your own and/or your favourite good and bad examples for assessment/advice) Close Guided walks Drinks in St. John's College Garden Dinner in The Hall Day 2 - Tuesday, June 29th, 1999 Time 07.30 08.30 09.00 Title of Session Speaker Breakfast (till 08.45) Registration in the Fisher Building (till 13.00) How will the European Commission decide Peter Hustinx, Chairman, European Union's Article 29 which countries may pass the adequacy test Working Party, President Regstratiekamer, The for international transfers of personal data Netherlands outside the European Union? Chair: Bojana Bellamy, Principal Consultant, Privacy Laws & Business Who decides about what? Substantive requirements Effectiveness of protection Possible elements of a solution Parallel Sessions 09:30 UK International The Data Protection Registrar's new enforcement Chair: Bojana Bellamy, Principal Consultant, Privacy Laws powers: how might they be used and how might data & Business controllers respond? Some scenarios Which countries may pass the adequacy test for Angus Hamilton, Solicitor, Hamiltons and prosecuting international transfers of personal data outside the EU? Canada? Which countries might be next in the solicitor representing the Data Protection Registrar Simon Chalton, Solicitor and consultant, Bird & Bird, Asia-Pacific region? Blair Stewart, Assistant Privacy Commissioner, New London Zealand The new enforcement notice power An overview of New Zealand's Privacy Act 1993 Information notices The information privacy principles and other key Powers of entry and inspection features of the Act Police and Criminal Evidence Act powers Complaints mechanisms and redress for The right to silence? interferences with privacy The roles of the Privacy Commissioner and the Complaints Review Tribunal Adequacy Residency/citizenship standing requirement to exercise access and correction rights Absence of a data export prohibition Delays in investigating complaints Processing of sensitive categories of data Bruce Philips, Federal Privacy Commissioner, Canada The relationship between the Personal Information Protection and Electronic Documents Bill, the current Federal Privacy Act and the provincial privacy laws The sectors covered by the Bill Organisations' duties Individuals' rights Complaints resolution Limitations of the Bill Timetable David Main, Manager, Promotion and Education Office of the Privacy Commissioner, Australia Where does Australia currently stand in terms of the adequacy test? The recent privacy protection developments in the private sector in Australia Prospects for legislation - when will it happen and will it pass the adequacy test? Concluding comments: Francis Aldhouse, Deputy Data Protection Registrar, UK 10.45 Coffee Parallel Sessions 11.15 Internal Marketing of data protection International How to communicate your data protection policy and Chair: Bojana Bellamy, Principal Consultant, Privacy Laws procedures within your organisation & Business Bring examples of your internal training materials such as The case for model contracts and other arrangements to facilitate international transfers of personal data staff newsletters, posters and in-house videos. A brainstorming session for sharing your ideas with and the EU's Article 29 Committee's response other conference participants. Be prepared to speak Francis Aldhouse, Deputy Data Protection Registrar and about your more and less successful training UK member, Article 29 Committee initiatives Professor Peter Swire, Chief Counsellor for Privacy, Office Sharon Rowland, Data Protection Manager, Royal of Management and Budget, USA, and advisor to the US Society for the Prevention of Cruelty to Animals government on its Safe Harbor Policy Dr. Alan Westin, Editor, Privacy & American Business The role of the Data Protection Officer Graham Sutton, UK Member, EU's Article 31 Committee Marketing data protection training Training methods and materials Maintaining awareness Parallel Sessions 12.15 Internal Marketing of data protection International Using your network or Intranet to raise, maintain and How EDS is tackling international data transfers with audit data protection awareness inter-company arrangements Philip Marshall, Director of Business Development, Easy i Geofrey Master, General Counsel, Europe, Middle East and Africa,Electronic Data Systems Concluding comments: Peter Hustinx, Chairman, European Union's Article 29 Working Party 12.45 Lunch in the Hall 14.00 Registration in the Fisher Building (till 17.30) Parallel Sessions 14.00 Data Protection and Marketing From Registration to Notification Chair: Adrienne Walker, Data Protection Officer, Greater 1. Distance Selling The impact on business of the EU's Distance Selling Manchester Police Directive and the Distance Selling Financial Services How to handle the transition successfully Draft Directive A Registration Officer, ODPR, UK Lucy Inger, Solicitor, Masons, Leeds David Smith, Assistant Registrar and Head, Private Sector Compliance, ODPR, UK 14.30 2. Telephone Marketing Essential data protection law for call centres and telemarketing: The new UK Telecommunications Data Protection Regulations implementing the EU Telecommunications Data Protection Directive Gill Andrews, Partner and Solicitor, Sidley and Austin, London 15:00 3. Data Warehousing How NCR attempts to combine business efficiency with respect for individuals' privacy in its data warehousing programme for retailers and financial services companies Paul Nielsen, Senior Attorney, NCR, London 15:30 Tea 4: Internet and E-Commerce 16.00 Data Protection aspects of the Internet and E- Christopher Millard, Partner and Solicitor, Clifford Chance, commerce London Laura Linkomies, Associate Editor, Privacy Laws & 16.30 The key elements which you should include when designing a privacy statement on your Business website Why websites which collect personal data must have a clear privacy statement How good privacy statements create consumer trust in electronic commerce How to create a good privacy statement Examples of the type of information privacy statements should convey to consumers Francis Aldhouse, Deputy Data Protection Registrar and 16.50 Applying the Data Protection Act 1998 to the Internet and E-commerce UK member on the OECD E-commerce policy initiative 17.30 Close 18.45 Drinks in River Court, St. John's College Garden and punting on the River Cam 19.30 Dinner in The Hall Day 3 - Wednesday, June 30th, 1999 Time Title of Session 07.30 Breakfast 08.30 Registration in the Fisher Building 09.00 UK Data Security Speaker (till 08.45) (till 13.00) Parallel Sessions Data Protection Auditing and Assessing Costs Chair: Michael Heavey, Director, IRMS (PL&B Associate, Scotland) Is the BS 7799 information security standard the key to principled and secure accreditation and compliance with the 1998 Data Protection Act? Barry Anderson, Industry Chairman, DTI/BS 7799 User Group and Information Security Compliance Manager, Halifax UK Basic Training 9.45 The UK's new Data Protection Act for beginners and recently appointed data protection staff A Compliance Officer, Office of the Data Protection Registrar, UK (This session is also available at 14:00 on Monday the 28th of June) Progress report on developing an audit methodology for the UK Data Protection Registrar resulting from the DPR's new powers Stewart Dresner, Director, Privacy Laws & Business 9.10 Advantages and disadvantages of conducting compliance audits Bruce Phillips, Federal Privacy Commissioner, Ottawa, Canada 9.25 Helping organisations world-wide implement their privacy policies across their operational processes and systems, taking into account costs, benefits and opportunities How companies make decisions concerning their privacy policies and practices The range of privacy responses from compliance with legislation to positioning for competitive considerations The business issues related to privacy responses How risk management tailored to business objectives can be used to implement an effective privacy strategy The IBM Privacy Consulting Methodology Albert Decker, Managing Principal, IBM Security and Privacy Consulting Services, USA Rebecca Whitener, Senior Consultant, IBM Security and Privacy Consulting Services, USA 10.00 The Data Protection Act 1998: Assessing the costs of compliance Examining areas of substantial cost in implementing the new Act A specific look at the implications of the new Act for IT systems and the changes that will be required Balancing costs and risk Shelagh Gaskill, Partner and Solicitor, Masons, Leeds 10.30 Coffee Into the Future - Making the UK Primary and Secondary Legislation Work Together Francis Aldhouse, Deputy Data Protection Registrar, 11.00 The key issues in the secondary legislation, the Data Protection Commissioner's extended ODPR, UK role and what you must do in future to keep David Smith, Assistant Registrar and Head, Private Sector within the law Compliance, ODPR, UK Chair: Bojana Bellamy, Principal Consultant, Privacy Laws & Business Stewart Dresner, Director, Privacy Laws & Business 12.30 Conference feedback and planning ahead 13.00 Lunch in the Hall Parallel Sessions 14.00 How should the Public Sector Balance the Data Visit to the British Telecommunications Research Protection Act 1998 with other Public Interests? Laboratories Balancing the Data Protection Act and the Freedom 13.45 A visit to BT's laboratory at Martlesham will give of Information Bill: The public's right to know - where you a unique insight into future products and services should it end? and will provide an opportunity to assess their privacy Maurice Frankel, Director, The Campaign for Freedom of protection features. Information Martlesham is near Ipswich, Suffolk (about an hour and a Rosemary Jay, Legal Advisor, ODPR, UK 14.45 Balancing the Data Protection Act and the Crime and Disorder Act How the police are working with other agencies using ACPO Protocol to share personal data to fight crime Michael Argent, Chairman ACPO Data protection Working Group, Chief Constable, North Wales The role and scope of the ACPO Data Protection Working Group ACPO's views on the relationship between the two acts The need for a protocol for sharing of personal data between the police and the other organisations Outline of the Data Protection Act/Crime and Disorder Act protocol Practical impact of implementing the protocol The way forward Speakers from other sectors to be announced 16.00 Close and tea half from Cambridge). Transport to and from Martlesham will be provided. Return to Cambridge at approximately 18.45. Numbers are limited. Host: Marek Rejman-Greene, senior Researcher, BT Laboratories