Posts under ‘Data Protection’

Data Protection and Email Marketing

When a site stores personal details for subscriptions, memberships or the like, there are certain legal regulations it has to take into consideration to stay on the right side of the law. The Data Protection Act sets out eight principles for the lawful processing of data.

Outsourcing/ offshoring – Compliance with Data Protection Laws

Globalisation has given the possibility to think further afield. Not only in terms of selling products abroad and market expansion but also in terms of outsourcing work abroad to cut costs, (offshoring). But the export of your services would also entail the export of your client details, which would be subject to the Data Protection Act 1998.

Rights Privacy – Google Executives Convicted in Italy

Can an Online Service Provider be held liable for illegal activities that occur by users on their service? In the US, the Digital Millennium Copyright Act provides an exemption for ISPs who inadvertently provide the facilities which are used by others for infringement purposes. In Europe Directive 2000/31/EC (‘Directive on electronic commerce’) has a similar exemption for online service providers. Essentially, the resounding principle in both laws is that a service provider should not be in any way responsible when they were not aware of the fact of the infringement and when made aware they took steps to remove the content.

Data Protection Non Compliance

It was interesting to read this report in Out-law that a quarter of Government’s databases are probably illegal.  This follows a report by the Joseph Rowntree Reform Trust (JRRT) into UK’s public databases. If so many public databases are non compliant my guess is that double that number are non compliant in the private sector.  [...]

What’s your online reputation?

When gossip website TMZ leaked audio of Christian Bale’s tirade against the Director of Photography on the new Terminator Film, the story quickly spread throughout the Internet. There were countless blog postings, lengthy threads on forums, enough Twitters to make it the number 1 trending story, and even a YouTube dance song mashup. A Google [...]

DoS Attacks – Is there yet an Adequate Recourse?

Much has been said about the recent implementation of changes to the Computer Misuse Act 1990, with many blogging on the changes. See here for example. Much of the attention has surrounded the need to implement legislation to plug the gap where Denial of Service (DoS) attacks were not adequately covered by the legislation. In [...]

Data Protection Compliance

As reported a couple of days ago by Outlaw.com, HMRC have in recent years been criticised like many other bodies for their failures in complying with the Data Protection Act 1998 by the Information Commissioner’s Office (ICO). The data breaches and the publicity generated has obvious implications for public confidence in the ability of public [...]