May 2009

Speechly Bircham

Introduction
Consultations are afoot to capture ideas on how to improve information sharing within the Department of Health, whilst BERR has also launched a further consultation on the European Commission's proposed changes to the WEEE directive.

 

The controversial Google Street View has brought the issues and considerations of the right to privacy sharply into focus for all of us, especially in the wake of the recent Rowntree report, 'Database State' which called for illegal databases to be scrapped. Privacy is no longer an issue which solely concerns the rich and famous. This is further exemplified by the Government's plans to monitor social networking sites. Meanwhile, patent law, in particular the recent High Court case which has made the first ever award of inventor/employee compensation, has given the "man on the street" huge incentive to innovate.

The right to freedom of expression which directly contraposes the right to privacy has also hit the headlines in various guises. Notice and take down procedures contradict the right to freedom of expression. The fact that they currently operate in an ill-defined, uncertain legal framework is cause for concern. Freedom of expression also featured in a case before the European Court of Human Rights in which the Court held that the rule that the limitation period during which libel claims must be brought in relation to the publication of articles on the internet starts again every time the article is accessed, does not infringe the right to freedom of expression.

News Flash

Copyright periods in sound recordings will be extended from 50 to 70 years

There is a change on the horizon for copyright in sound recordings following the European Parliament's recent vote in favour of an extension of the copyright period from 50 years to 70 years...read more


IPTC events

Seminars

The 6th Annual Privacy and Data Protection Conference 9 July 2009, 8:30am-5:30pm

 

Speechly Bircham will be hosting this year's Annual Privacy and Data Protection Conference on 9th July 2009. At the price of less than £100 this event will bring together experts from the regulators, the lawmakers and the legal community from the UK, the US, the Middle East and Asia. We look forward to a lively debate across the full range of issues that make up global data protection compliance.


For further details, please click here


Webinars

The pitfalls to avoid when concluding contracts in the EU
21 May, 4-5pm (BST)
Register

 

RFID, tracking devices and data protection
27 May, 4:30-5:30pm (BST)

Register




Data Protection

 

New UK Code for health data sharing
New Code of Practice and proposed changes to information sharing in the health sector...read more

 

Government threatens to monitor social networking sites
The UK Government is considering the surveillance and retention of all e-mail, internet and phone communications which would include communications on social networking sites such as Facebook, Twitter and MySpace.  Such surveillance could have serious data privacy implications not to mention the financial costs involved in implementing the necessary procedures...read more

 

Privacy

 

The UK Information Commissioner clears Google Street View
In the first weeks of its operation, the ICO received 74 complaints from individuals that they had been identified on Google's Street View service.  Whilst acknowledging that the service carries "a small risk of privacy invasion" the ICO has ruled that it would be disproportionate to stop the service...read more

 

Further guidance on the paramount importance of a child's right to privacy
This case was an example of the unusual situation in which a child's right to privacy is infringed by the mere taking of a photograph even without its subsequent publication...read more

 

Freedom of expression

 

Taking online freedom of expression to the limit – European Court of Human Rights hands down libel ruling
A recent decision by the European Court of Human Rights has confirmed that allowing a more generous limitation period for libel actions based on online publications than for those based on printed publications is compatible with the fundamental human right of freedom of expression...read more

 

ISP's censorship through notice and takedown is no solution: the Google case
ISPs are responsible for removing illegal and harmful content by putting in place notice and takedown procedures, but are currently operating in an uncertain legal framework...read more

 

Recent cases

 

Removals company "lifts" images to a new home!

In a world where online content seems so freely available, Getty Images are taking a stand to protect their rights...read more

 

More than a WEEE consultation
UK consults on changes to the WEEE and RoHS Regulations extending compliance in part to medical devices and monitoring equipment...read more

 

Inventive employees: "Show me the money!"
Here's something that should make companies sit up and take notice: the UK High Court has made the first ever award of inventor/employee compensation...read more


FT.com takes customer to court over abuse of user log-in account

The Financial Times cracks down on abuse of online log-in accounts by customers: investment group Blackstone taken to court in USA...read more


FSA continues to keep an eye on unfair contract terms

Following an undertaking given to the FSA by Jarvis Investment Management Plc in February 2009, the FSA has maintained its enforcement momentum within the area of consumer regulation...read more

 

Why the courts can re-write your contracts
This article summarises recent case law on the courts' approach to interpreting ambiguous terms, when terms will be implied into contracts, and provides a useful summary of the risks parties should consider when evaluating disputes on ambiguous terms...read more


Tom Tom navigates its way round Microsoft patent problem

Tom Tom signs a patent agreement with Microsoft to enable both companies to utilise one another's patents.  In doing so, TomTom has reignited the debate about open-source as opposed to proprietary-source software in the commercial marketplace.

What impact does this have for companies using and developing open source code licensed under General Product License version 2 (GPLv2)?...read more


Missed opportunity?

In a blow for producers and broadcasters, by a statement dated 11 March 2009 the Government has declined to permit product placement in television programmes made by and for UK television broadcasters...read more

 

Open Rights Group calls for major websites to opt out of Phorm
The Open Rights Group (ORG) has approached the major internet players asking them to opt out of the behavioural advertising technology, Phorm...read more

 


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