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Introduction
The most recent seminar which was presented as part of the IPTC team's autumn seminar series gave an opportunity for attendees to discuss the opportunities and threats of the online world. Please click here for the handout, including slides. One such threat that frequently makes the front page of newspapers is the inadequate protection or misuse of personal data. This month's edition of Inform looks at changes on the horizon which seek to address the risks to which personal data is exposed, especially in the online world. We also discuss the recent recommendation made by the All Party Parliamentary Communications Group that a review of the regulation of behavioural advertising should be undertaken. Continuing the theme of preservation of one's private information, we review the recent change to the Press Complaints Commission Code of Conduct which states that the extent to which private information has been discussed with the press will be considered when determining whether an individual's right to privacy has been infringed.
In the wake of our successful Contract law update seminar, the slides to which are available here, we look at the FSA's recently published guidance on unfair contract terms.
Imminent seminars include our European design rights seminar entitled "Underused and Underrated" on 17 September. Please click here for further details. | |
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IPTC events |
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Seminars
European design rights: underused and underrated
17 November, 8-10am
Could you preserve your reputation in a crisis?
1 December, 5-8pm
For full details about these and the rest of autumn seminar series and to register your place, please click here.
Webinars
Subject access requests
5 November 2009, 4:30-5:30pm (GMT)
For full details about these webinars and to register your place, please click here.
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Data Protection and Privacy |
Data Protection: Could US penalties set a precedent in the UK?
Onerous sanctions may be imposed on US companies which breach the rules and regulations concerning information security and the collection and processing of personal information. Does this set a trend which the UK Information Commissioner's Office will follow in the New Year with its expected increased powers to penalise organisations breaching Data Protection legislation?...read more
Financial Fraud Action UK announces latest fraud figures
Figures show that credit and debit card fraud losses in the UK have fallen due, in part, to the fraudsters targeting foreign issued cards without chip and pin technology...read more
Data Protection: ICO publish draft code on protection of personal information online
The Information Commissioner has announced details of a conference to be held in December to discuss the draft Code for the Protection of Personal Information Online which is intended to provide comprehensive and accessible guidance and practical advice in relation to the online world. Features will include advice in relation to operating a privacy-friendly website, cyberspace and territoriality, privacy choices and default settings, and rights and protection for individuals...read more
Change to the Press Complaints Commission Code of Conduct – infringing a celebrity's right to privacy?
The Press Complaints Commission (PCC) has amended its Code of Conduct to provide that the extent to which a celebrity has disclosed their life to the press will be taken into account in determining whether their right to privacy has been infringed. By contrast, the judicial test for determining whether anyone's right to privacy is engaged is whether they have a legitimate expectation of privacy in relation to the information concerned. One relevant consideration relevant to the assessment of legitimate expectation is the extent to which the celebrity has previously disclosed details of his or her private life to the press. By placing this consideration on a pedestal, there is a risk that, unless applied carefully, the PCC's new test for infringement threatens to undermine a celebrity's fundamental right to privacy. It is more important than ever that celebrities take positive steps to define their private life and ensuring that they do not discuss any element of it with the press...read more
Not only US users dislike online behavioural advertising
A number of recent studies and draft legislation point towards a heightened awareness amongst consumers and regulators of the intrusiveness of personality profiling in the Web 2.0 environment. The recently released All Party Parliamentary Communications Group report recommends that the UK government review existing legislation which relates to behavioural advertising and suggested that new rules are needed to ensure that the systems are only operated on a strictly "opt-in" basis...read more
Anonymous whistleblowing banned in Portugal
Under new guidelines published by the Portuguese Data Protection Authority on the 1st October 2009, whilst whistleblowing is acknowledged as a matter of good corporate governance a whistleblower cannot make a report anonymously...read more
Unfair Contract Terms: FSA publishes FAQs and examples of good and poor practice
Firms seeking guidance on unfair contract terms will welcome the Financial Services Authority's (FSA) new web pages, published on 8 October 2009...read more
The standard of care expected of a professional consultancy company
In the case of Costain Ltd v Charles Haswell & Partners [2009] EWHC 2350 (TCC) the High Court had to decide whether a professional consultancy company had exercised reasonable skill and care in performing its obligations in relation to a building contract...read more
US Federal Trade Commission: Bloggers must declare commercial interests
A change in guidance published by the US Federal Trade Commission (FTC) means that marketers relying on third party endorsements to promote their products will need to make any commercial relationship clear, likely to take effect from December...read more
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Speechly Bircham LLP is a limited liability partnership registered in England and Wales (registered number OC321620) and is regulated by the Solicitors Regulation Authority. A list of members' names is open to inspection at our registered office, 6 New Street Square, London EC4A 3LX
This information is correct to the best of our knowledge and belief at the time of going to press. It is, however, written as a general guide, so we recommend that specific professional advice is sought before any action is taken.
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Tel +44 (0)20 7427 6400 Fax +44 (0)20 7427 6600
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