Law Watch Archive

Nominet decisions cannot be appealed by the back door to the courts. Rightsholders and registrants must get a DRS action right in the first place.

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A Decision published by the Information Commissioner’s Office (ICO) regarding the accidental release of personal data to students in a sixth form college, highlights the need for all colleges to have in place appropriate practices and procedures to ensure compliance with data protection law.

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Canada's Supreme Court has considered the extent of "fair dealing" under Canadian copyright law, and in particular, the balance between music owners' right to be paid and listeners' right to use downloaded music without infringing copyright.

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The European Court of Justice in a reference for a preliminary ruling recently confirmed that copyright does not protect the functionality of a computer program and programming language.

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A new bill seeking to strengthen Scotland's freedom of information legislation is being considered by their government.

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New government proposals, to be added to the Defamation Bill, state that internet 'trolling' victims have a right to know who is behind the malicious comments made about them.  

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Improving the protection of freedom of speech and increasing access to vital communications, including internet use, are proposed in the Queen's speech.

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The Protection of Freedoms Act, 2012 achieved royal assent on 01 May 2012.

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The Digital Economy Act 2010 was given royal assent late on Thursday, 8 April 2010, following the final reading of the Digital Economy Bill in the House of Commons, the previous night.

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A recent Opinion for the European Court of Justice (ECJ) has taken a pragmatic approach to the law surrounding the resale of unwanted computer programs.

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The Information Rights Tribunal has ruled that the names of three junior members of staff who dealt with complaints made to the Financial Services Authority should have been disclosed as part of a Freedom of Information request. 

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Belief that copyright permission has been granted is no defence to infringement of copyright if no valid permission was, in fact, given.

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The new proposals aim to update and harmonise the current EU data protection regime including strengthening individuals’ rights.

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Further to our news posting last month, we can confirm that the proposal for the review of the EU Directive (95/46/EC) has been delayed until late February/March.

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The Public Sector Equality Duty Guidance for Wales is now available and includes eight guides on the specific duties.

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The UK Government has highlighted the cost burden which may be placed on public authorities in complying with some FOI requests for information.

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The law has changed that applies to how institutions must use cookies.

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Guidance has been issued by the ICO on how the rules apply for those operating websites and using cookies.

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A leaked draft EU regulation reveals that legal requirements under data protection law will be tightened up.

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The High Court states that even where private individuals are expressing their own views online the requirements of lawful processing in the DPA can apply.

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The new Education Act 2011 will focus inspection in four ‘core’ areas, one of which is behaviour and safety, which includes e-Safety.

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The Equality Act 2010 (Specific Duties) Regulations 2011 are now in force and require that Equality Duty compliance information must be published by the end of January 2012.

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The EU Commission is tasked with producing proposals to reform the 1995 EU Data Protection Directive by the end of January 2012.

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Joint Committee report on defamation law recommends new notice and take-down internet procedures as well as increased protection for scientists and academics.

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Recent case law has highlighted the risks of posting inappropriate comments to social networking sites and the importance of institutions having in place a robust internet use policy for both staff and learners, including a policy on the use of social media, to manage such risks.

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Proposals in the Protection of Freedoms Bill include amending the Freedom of Information Act 2000 to create a new ‘right to data’ so that government-held datasets can be requested and used by the public.

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 This case concerned the distribution and use of Greek satellite decoders in the UK and exclusive territorial licences granted by the FA Premier League (FAPL) of the rights to broadcast Premier League matches.

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This article examines the potential impact on HE and FE institutions of the EU Directive that extends the term of protection for performers and sound recordings to 70 years and which came into force on 31 October 2011.

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Came into force on 31 December 2009.   

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(NLA) v Meltwater - In the particular circumstances of commercial news headlines and their monitoring and copying for commercial gain much of the content will attract copyright protection.

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The Government has launched a consultation on Open Data.  

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Vince Cable has announced that controversial plans to force ISPs to block websites that host copyright infringing material are to be dumped. 

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Recommendations made by the Hargreaves review of intellectual property and growth have been accepted by the Government.

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A single European patent looks ever more likely as agreement is reached on the detail of a unitary patent.

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The Climate Change Act 2008 requires colleges and universities, directly or indirectly, to take action to reduce carbon emissions in order to contribute to the national targets for carbon reduction... (cont'd)

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A data controller is able to anonymise originally-personal data to make it free of data protection law constraints.

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A new law that comes into force today (14 June 2011) in England and Wales will make it easier to protect patent and design rights.

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Fines of up to £500,000 for the most serious incidents of sending unwanted emails.

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 The European Commission's proposals for a unitary European patent have now been published.

 

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The general Equality Duty under the Equality Act 2010 comes into force this week (5/04/2011) and places three broad requirements on the public sector including colleges and universities.

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Inform, the Scottish Information Commissioner’s latest newsletter on relevant FOI related legal developments and recent decisions includes a roundup of decisions considering whether remuneration -related information of public authority staff should be disclosed.

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The Budget supporting papers have indicated various proposed actions including a new Communications Act and proposals relating to intellectual property.

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This latest decision on disclosure of information prejudicial to the effective conduct of public affairs as it applies to statistical information outlines the ICO current thinking on the application of the prejudice and public interest tests. 
 

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The Draft Equality Act (Statutory Duties) Regulations 2011 for England have been withdrawn by the government for further review.

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The draft Bill aims to strike the right balance between protection of freedom of speech and protection of reputation and includes new statutory defences and is open for consultation until 10 June 2011.

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The unitary EU patent is a step closer with the agreement to proceed with the support of 25 of the 27 EU countries.

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New law gives individuals more control over what information organisations can store on their computer.

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The EU has taken a step towards common rules for cracking down on those who sexually abuse children and post images of the abuse on the internet.

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The Scottish Information Commissioner pilots a single model publication scheme for public authorities from Feb 2011.

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This bill seeks to amend current defamation legislation and is progressing through Parliament. The main focus of the bill is to make sure that defamation legislation is fit for modern times.

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