Bedell Cristin Data Protection and Defamation Advocate Vicky Milner 18 July 2013 Jersey | Guernsey |...
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Transcript of Bedell Cristin Data Protection and Defamation Advocate Vicky Milner 18 July 2013 Jersey | Guernsey |...
Bedell Cristin
Data Protection and Defamation
Advocate Vicky Milner
18 July 2013
Jersey | Guernsey | London | Dublin | Geneva | Mauritius | BVI | Singapore
Tech business and the law
■ What laws are relevant to Jersey tech business?
Contract Copyright Company Crime
Data Protection Defamation Discrimination Distance Selling
Electronic Comms Employment Health & Safety Human Rights
Intellectual Property And so on…
Tech business and the law
■ What laws are relevant to Jersey tech business?
Contract Copyright Company Crime
Data Protection Defamation Discrimination Distance Selling
Electronic Comms Employment Health & Safety Human Rights
Intellectual Property And so on…
Data protection
■ Protection of rights of an individual in relation to information about him or her
Personal data
■ Personal data is:“data that relate to a living individual who can be
identified - from those data or - from those data and other information…in the
possession of the data controllerand includes [an] expression of opinion…”
■ A person’s name alone is not personal data
Sensitive personal data
■ Sensitive personal data is personal data consisting of information regarding the person’s:- Race- Political opinions- Religious beliefs- Trade union membership- Physical or mental health or condition- Sexual life- Commission of offences or proceedings re offences
Anthea’s foot cream
■ Anthea is a herbalist who makes foot cream■ Before selling products she asks her clients
about their health■ Barry is a website designer and online salesman
Anthea’s foot cream
Anthea
Barry
Clients
Anthea’s foot cream
Anthea
Barry
Clients
Anthea’s foot cream
Anthea
Barry
Clients
Anthea’s foot cream
Anthea
Barry
Clients
Cedric
Anthea’s foot cream
Anthea
Barry
Clients
Cedric
Anthea’s foot cream
Anthea
Barry
Clients
Cedric
Obligations; contract terms
■ Who is the data controller?■ Who is the data processor?■ What do they need to do to meet statutory
obligations?■ Clear contractual terms (business-supplier and
business-client) are vital – say what you are doing and who is responsible for what
■ Ensure statutory compliance – take advice
Blogging
■ Blogging about people may raise data protection issues
■ Also cyber-bullying/harassment issues■ Defamation
Defamation
■ Publishing a statement about someone which lowers him/her in the minds of “right-thinking members of society”
Internet Service Providers, Twitter & defamation
■ Godfrey v Demon Internet Ltd (1999)■ Lord McAlpine v Sally Bercow (2013)
Summary
1. Get comfortable with the DPL – how does it apply to your business?
2. Review your terms and conditions (business to business and client/customer)
3. If you have a website on which others can post consider how you will manage this
4. Think before you tweet, post, etc…
Questions?
For more information contact:
Vicky MilnerAdvocateBedell CristinT +44 (0)1534 814237E [email protected]
Briefings
www.bedellgroup.comPublications/Briefings – LegalLitigation/Jersey Briefings:■ Intellectual Property■ Storm cloud on the horizonEmployment/Jersey Briefings:■ Discrimination■ Record management