Data Protection Bites 4/2021

DPA OBSERVATORY

Latvia

The supervising authority’s competence in data processing matters sanctioned by criminal law

The Administrative District Court of Rezekne issued a judgment in which it ruled on the Data State Inspectorate’s (a supervising authority in Latvia) competence to investigate illegal data processing activities in which criminal law is involved.

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Mexico

New national registry for mobile telephone users deemed to violate personal data

The Mexican Congress approved a new law which has wide impact on mobile phone contracts. As Bank tokens are only working with mobile phones, the law has also impact for companies. Risks can appear for legal representatives of the company.

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Spain

Imprisonment for unauthorised and unjustified access to confidential personal data

The Second Criminal Chamber of the Spanish Supreme Court has recently ruled in its judgment 178/2021 on a crime of discovery of secrets, typified in Articles 197 and 198, the latter Article for the aggravating circumstance of a public official, of the Spanish Penal Code.

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ITALY

Guidelines 08/2020 on the targeting of social media user

On 13 April 2021, the European Data Protection Board adopted version 2.0 of its Guidelines 08/2020 on the targeting of social media user (“Social media targeting”) amended after a public consultation.

The need to adopt an harmonized European framework on the targeting of social media user (hereinafter also referred to as “Social media targeting”) comes from their significant role and development achieved in the online environment over the past decade.

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