Crossfire

Matheson’s technology and IP law blog

ICO publishes further guidance on encryption

September, 2013

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The UK Information Commissioner’s Office recently published further guidance (“Guidance”) on encryption on its blog. The Guidance supplements the ICO’s position on encryption which it published in October 2012. In the blog post, the ICO’s group manager for technology states that the ICO advises all organisations to use appropriate encryption if the loss of personal data could cause damage and distress to the individuals affected. The Guidance also clarifies that controlling access to a device using a password or PIN… Read more…

Website blocking orders continue to proliferate in the UK and Ireland

September, 2013

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In the recent UK decision The Football Association Premier League Ltd v British Sky Broadcasting Limited [2013] ECDR 14, the English High Court granted an order requiring the major UK ISPs to block a website known as FirstRow Sports, a portal website for streamed broadcasts of sporting events. This is one of the first decisions to block a website other than P2P filesharing sites such as The Pirate Bay. The FirstRow Sports website itself does not stream the content, which… Read more…

On data protection and amnesia: The Advocate General’s Opinion in Google Spain v AEPC

September, 2013

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The Advocate General of the Court of Justice of the European Union (the “CJEU”) has delivered his non-binding opinion in a case of critical importance currently pending before the CJEU. The case of Google Spain S.L and Google Inc. v Agencia Espanola de Proteccion de Datos (case C-131/12) revolves around the question of whether or not individuals have a right of erasure of links to information about them contained in a Google search result. The full Opinion of Advocate General Jaaskinen (the… Read more…

What next if hypertext linking amounts to copyright infringement?

September, 2013

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The legal status of hypertext linking (or “hyperlinking”) remains fraught. Since the early 2000’s best practice legal advice has focussed on the safe option, namely, obtain permission unless the link is to a home page and there is no real prospect of any intellectual property rights infringement being raised. Cases to date from different jurisdictions have been inconsistent partly reflective of differing intellectual property laws and approaches and partly because of the fact specific nature of these cases. This makes… Read more…

Data Protection complaints are alive and well in Ireland

September, 2013

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Commissioner’s 2012 annual report shows a further increase in data protection complaints The Office of the Data Protection Commissioner (the “Commissioner”) launched its twenty-fourth annual report this week detailing the work carried out by the Commissioner during 2012. The report contains details of the investigations and audits undertaken over the course of the year along with a summary of policy matters and EU activities. The full report is available here.   Increase in data protection complaints The report states that… Read more…